NIS2 Compliance: How Irish Businesses Can Turn Regulations into Growth Opportunities

Businesses often view new legislation as an added burden and source of worry due to the potential for increased operational costs and compliance challenges. The stakes are particularly high with the upcoming Network and Information Systems Directive 2 (NIS2), which will take effect later this year on October 18th.

From small startups to large corporations, NIS2 aims to enhance cybersecurity across the European Union, imposing stricter requirements on companies to protect their digital infrastructure. Complying with NIS2 isn't just about avoiding penalties; it's an opportunity to build a resilient, trustworthy business environment in a digital age where cyber threats can result in significant financial losses, reputational damage, and operational disruptions.

Irish companies can leverage these new regulations to bolster their defences and gain a competitive edge. By understanding the evolving cybersecurity landscape and taking proactive measures, businesses can safeguard their operations, foster customer trust, and drive sustainable growth.


Understanding NIS2

NIS2 is a significant update to the original Network and Information Systems Directive, addressing its shortcomings by incorporating more stringent requirements and extending its reach to a broader range of sectors. It mandates higher security standards and proactive measures to protect critical infrastructure and services.

 

Is your business affected? 

NIS2 expands its scope to include a broader range of sectors and businesses. In Ireland, this means an increase from 100 to 4000+ businesses categorised under “essential” and “important”. These include energy, transport, banking, healthcare, and water supply, as well as key digital service providers like online marketplaces, cloud computing services, and social networking platforms. This broader inclusion reflects the increasing interdependence of these sectors on secure digital infrastructure.

Attention! Even if your business is not classified as “important” or “essential,” you might still need to comply with NIS2. This legislation has a cascading effect throughout the supply chain, making compliance a critical factor for many companies. If you provide services to essential or important entities, you are likely to be required to meet NIS2 standards. Ensuring compliance can be crucial for maintaining business relationships and avoiding potential disruptions.

 

Key Changes from NIS1

NIS2 introduces several key changes to strengthen cybersecurity:

  • Broader Scope: Extends coverage to more sectors including medium and large enterprises.
  • Risk Management: Mandates comprehensive risk management measures and incident reporting within 24 hours.
  • Governance: Requires top management accountability and oversight of cybersecurity practices.
  • Supply Chain Security: Emphasizes the need to secure supply chains and manage third-party risks.
  • Incident Response: Enhances requirements for incident response capabilities and cooperation between member states.

 

Penalties

Non-compliance with NIS2 can result in significant penalties. Businesses deemed “essential” that fail to meet the directive's requirements may face fines of up to 10 million euros or 2% of the global annual revenue, whichever is higher. This amount is slightly lower for “important” entities, yet significant at 1.4% of global revenue or 7 million. Additionally, executives may be held personally accountable for cybersecurity failures, adding another layer of responsibility.

 

Could NIS2 be a game-changer for your business?

The introduction of NIS2 marks a significant shift in the approach to cybersecurity in Ireland and across the EU, aiming to create a more resilient and secure digital environment. I personally would invite Irish businesses to take this as an opportunity rather than a challenge or another obligation. While compliance may require substantial investment and changes in governance, it also offers a pathway to building stronger, more trustworthy organisations. 

A mind shift is needed to push businesses to think of cybersecurity not just as a regulatory burden but as a strategic asset that can drive growth, foster trust, and enhance resilience. So, as the landscape evolves, the critical question for Irish businesses is not just how to comply, but how to leverage these changes to their advantage.

 

The Current Cybersecurity Landscape in Ireland

Cybersecurity has become a key concern for Irish businesses as cyber threats grow in scale and sophistication. According to Microsoft’s Cybersecurity Trends Ireland 20232 report, the country has seen a marked increase in cyber-attacks, with 46% of Irish organisations experiencing a cybersecurity incident in the past 3 years, highlighting the urgent need for robust cybersecurity measures.

Irish businesses' most common threats include ransomware, phishing, and data breaches. According to the same report, Irish organisations perceive phishing and social engineering as the biggest cybersecurity threats. Data breaches pose significant risks to businesses, exposing confidential information and undermining trust. 

Ransomware attacks have been particularly prevalent, where malicious actors encrypt a company’s data and demand a ransom for its release. The extent of this is taking new forms, with RaaS (ransomware as a service) being worryingly available on the market. The State of Ransomware 20233 report shows that 66% of the participating companies reported a hit by ransomware in the past year. Other threats like triple extortion, supply chain or AI-powered attacks are fast emerging.

Close to home, a stark example of the real-world impact of these threats is the cyber-attack on the Health Service Executive (HSE) in 2021. We all recall how this ransomware attack led to severe disruptions in healthcare services nationwide, highlighting the potential for widespread operational and reputational damage. This attack serves as a critical reminder of the importance of implementing comprehensive cybersecurity strategies to protect against such incidents.

As Irish businesses navigate this challenging landscape, understanding the nature of these threats and learning from past incidents is crucial in strengthening their cybersecurity posture. This presents the necessity for a deeper exploration of the NIS2 Directive and how it aims to address these challenges by mandating higher security standards and proactive measures.


How to leverage Cybersecurity for your competitive advantage


Building Trust

In an increasingly digital world, trust is a critical currency. Strong cybersecurity practices are essential for establishing and maintaining it. For Irish businesses, demonstrating a commitment to cybersecurity can significantly enhance their reputation. Customers and partners are likelier to engage with companies that prioritise protecting sensitive information. This trust translates into customer loyalty and can be a decisive factor in business partnerships. 

Customer Communication: Clearly communicate your commitment to cybersecurity and NIS2 compliance to your customers. Use transparency to build trust and confidence in your brand.

 

Innovation and Resilience

Integrating cybersecurity into the core business strategy is not just about protection—it enables innovation and ensures resilience. When cybersecurity is a foundational element of business operations, it creates an environment where innovation can expand without the constant fear of cyber threats. For example, a tech firm incorporating advanced security features during the development phase can confidently launch new products, knowing they are secure. Furthermore, a resilient cybersecurity framework allows businesses to quickly adapt and recover from incidents, minimising operational disruptions and maintaining a competitive edge. 

Innovation Insight: Utilise AI and machine learning for proactive threat detection and response. These technologies can help identify potential threats before they materialise, providing a competitive edge in cybersecurity.


Market Differentiation

Being a leader in cybersecurity can significantly differentiate a business in the marketplace. Companies that proactively adopt and exceed cybersecurity standards can position themselves as industry leaders. This proactive stance not only meets regulatory requirements but also serves as a powerful marketing tool. Businesses that demonstrate superior cybersecurity practices are more likely to attract security-conscious customers and partners, proving a commitment to excellence in their business operations. For instance, a financial institution implementing cutting-edge cybersecurity measures can stand out in a crowded market by offering robust security for client data.

Marketing Strategy: Highlight your NIS2 compliance in marketing materials and communications. Use certifications and compliance reports as proof points to build credibility with potential clients and partners.


Sustainable Cybersecurity 

Sustainable cybersecurity is an emerging concept that focuses on maintaining robust security measures in an economically, environmentally, and socially sustainable manner. By integrating sustainable practices, businesses can reduce the long-term costs associated with cybersecurity through efficient resource use and green technologies. Additionally, promoting a culture of cybersecurity awareness within the organisation contributes to social sustainability, enhancing the overall security posture. Sustainable cybersecurity addresses immediate threats and ensures that security measures evolve with the changing digital landscape, providing a long-term competitive advantage.

Sustainability tip: Promote continuous cybersecurity training for employees to ensure long-term protection and align with sustainable practices. Additionally, you can ensure the cloud services you use are powered by renewable energy. These actions improve security and appeal to eco-conscious customers, offering a competitive edge in the market.

 

In conclusion…

Leveraging cybersecurity for competitive advantage involves more than just meeting regulatory standards; it is about embedding security into the fabric of the business. This approach builds trust, fosters innovation, and differentiates businesses in the market. For Irish companies, the stringent requirements of NIS2 present an opportunity to enhance our cybersecurity posture, creating a secure and resilient business environment.

In a nutshell, if you are deemed important or essential, compliance is mandatory and critical. If, on the other hand, you are providing services to these entities, compliance is equally crucial due to the cascading effect of NIS2 across the supply chain. If there is only one aspect you take away from this article, let it be this: staying up to date and adhering to these regulations is commercially advantageous and essential for maintaining relevance in the business landscape.

By viewing cybersecurity as a strategic asset, businesses can protect themselves from threats, drive growth, and build a stronger, more competitive presence in the digital economy. Sustainable cybersecurity practices further augment this strategy, ensuring that security efforts are robust, enduring, and adaptive to future challenges. All these factors enhance the appeal of Ireland as a business destination, presenting untapped potential. I encourage local businesses to seize this opportunity and leverage their cybersecurity strategies for growth and success.


Practical Steps for NIS2 Compliance

Irish businesses should start their NIS2 compliance journey now, leveraging the directive to transform their cybersecurity efforts into a competitive advantage. By doing so, you can build trust with customers and partners, enhance operational resilience, and drive innovation, ensuring long-term success in an increasingly digital world. Follow these steps in preparation for the October 18th NIS2 enforcement deadline:

1. Conduct a Cybersecurity Audit - Perform a thorough audit of existing cybersecurity measures to identify gaps and areas for improvement. Engage with cybersecurity experts to benchmark current practices against NIS2 requirements

2. Develop a Compliance Roadmap - Create a detailed plan outlining the steps to achieve compliance, including timelines, resources, and responsibilities. Ensure top management is involved and committed to the compliance journey.

3. Implement Advanced Security Measures - Invest in up-to-date and relevant cybersecurity technologies such as firewalls, intrusion detection systems, and encryption tools. Regularly update and patch systems to protect against emerging threats.

4. Train and Educate Employees - Conduct regular training sessions to ensure all employees are aware of cybersecurity best practices and their role in maintaining compliance. Foster a culture of security awareness across the organisation.

5. Monitor and Review Continuously Establish continuous monitoring and review processes to ensure ongoing compliance and adapt to new threats and regulatory changes. Use metrics and KPIs to measure the effectiveness of cybersecurity measures and make data-driven improvements.


To support your efforts, BDO offers comprehensive cybersecurity services tailored to Irish businesses' specific needs. With expertise in risk assessments, incident response planning, and supply chain security, BDO can help your organisation navigate the complexities of NIS2 compliance and build a robust cybersecurity strategy.


Resources:

1. NIS2 - A quick reference Guide, NCSC
2. Cybersecurity Trends Ireland 2023 - Microsoft
3. The State of Ransomware, A Sophos Whitepaper, May 2023
4. NCSC, NIS2 Background Information
5. Cybersecurity Services, BDO Ireland

Content adapted from July edition, Issue 30 of Stubbs Gazette.

If you have questions about your organisation's NIS2 compliance or other Cybersecurity issues, please get in touch with our experts.