NIS2 sector directory

The 18 sectors subject to NIS2

The NIS2 Directive does not apply to every organisation: it targets 18 sectors of activity, split into 11 sectors of high criticality (Annex I) and 7 other critical sectors (Annex II). For each sector, this directory sets out the sub-sectors in scope, the types of entities concerned and the resulting category (essential or important) depending on your size.

In brief

If you operate in an Annex I sector, your organisation is an essential entity if it exceeds the large-enterprise thresholds (250 employees, or €50M turnover and €43M balance sheet total), and an important entity if it is a medium-sized enterprise. If you operate in an Annex II sector, your organisation is an important entity as soon as it reaches the medium-sized enterprise threshold (50 employees, or €10M turnover and balance sheet total). Below that, you are in principle out of scope, except for activities covered regardless of size.

18 sectors

Annex I — Sectors of high criticality

11 sectors whose failure would have a major impact on the economy or society. Proactive supervision: regular audits and inspections, even without an incident.

Energy

Annex I

Production, transmission, distribution and storage of energy, including new vectors such as hydrogen.

Sub-sectors in scope

ElectricityDistrict heating and coolingOilGasHydrogen

Entities typically concerned

Transmission and distribution system operators, producers, suppliers, nominated market operators, charging point operators, refineries, and storage and pipeline operators.

Transport

Annex I

Operators and infrastructure managers across the four modes of transport.

Sub-sectors in scope

Air transportRail transportWater transportRoad transport

Entities typically concerned

Air carriers, airport operators and air traffic control managers, rail infrastructure managers and railway undertakings, maritime and inland waterway transport companies, port authorities, road authorities and operators of intelligent transport systems.

Banking sector

Annex I

Credit institutions, whose ICT risk management requirements fall primarily under DORA.

Sub-sectors in scope

Credit institutions

Entities typically concerned

Authorised banks and credit institutions. Please note: for ICT risk management and incident reporting requirements, DORA applies as lex specialis.

Financial market infrastructures

Annex I

Operators of the platforms and systems that keep markets running.

Sub-sectors in scope

Trading venuesCentral counterparties

Entities typically concerned

Operators of regulated markets, multilateral trading facilities and clearing houses. Here again, DORA takes precedence for the ICT aspects.

Health

Annex I

From care delivery to the manufacture of critical medicines and medical devices.

Sub-sectors in scope

Healthcare providersEU reference laboratoriesResearch and manufacture of basic pharmaceutical productsManufacture of critical medical devices

Entities typically concerned

Hospitals and clinics, care centres, medical biology laboratories and reference laboratories, the pharmaceutical industry, manufacturers of medical devices deemed critical during a public health emergency, and wholesale distributors of medicinal products.

Drinking water

Annex I

Supply and distribution of water intended for human consumption.

Sub-sectors in scope

Suppliers and distributors of water intended for human consumption

Entities typically concerned

Public water utilities and delegated operators involved in the production and distribution of drinking water, excluding parts of the distribution chain that are not essential to their main activity.

Waste water

Annex I

Collection, disposal and treatment of urban, domestic and industrial waste water.

Sub-sectors in scope

Collection, disposal and treatment of urban, domestic and industrial waste water

Entities typically concerned

Operators of sewerage networks and waste water treatment plants, where this activity is an essential part of their business.

Digital infrastructure

Annex I

The technical building blocks that keep the internet and the cloud running — the sector where size matters least.

Sub-sectors in scope

Internet exchange pointsDNS service providersTop-level domain name registriesCloud computing service providersData centre service providersContent delivery networks (CDNs)Trust service providersPublic electronic communications networksPublicly available electronic communications services

Entities typically concerned

Operators of exchange points, DNS resolvers and registries, cloud hosting providers and data centre operators, CDN operators, trust service providers (signature, timestamping), telecom operators and internet access providers. Several of these activities are in scope regardless of size.

ICT service management (business-to-business)

Annex I

Providers that operate or secure their clients' information systems.

Sub-sectors in scope

Managed service providers (MSPs)Managed security service providers (MSSPs)

Entities typically concerned

IT services companies and managed infrastructure providers that administer information systems on behalf of third parties, outsourced SOCs, monitoring and incident response providers, and managed identity operators.

Public administration

Annex I

Public entities, with specific treatment depending on the level of administration.

Sub-sectors in scope

Public administration entities of central governmentPublic administration entities at regional level

Entities typically concerned

Ministries, government agencies and operators, and regional entities designated by the transposition law. Central government public administration is in scope regardless of its size.

Space

Annex I

Operation of ground-based infrastructure supporting space-based services.

Sub-sectors in scope

Operators of ground-based infrastructure supporting the provision of space-based services

Entities typically concerned

Operators of ground stations, satellite control centres and providers of positioning, navigation and timing services, owned or operated by private or public actors.

Annex II — Other critical sectors

7 sectors subject to reactive supervision: ex post checks, triggered by evidence of non-compliance.

Postal and courier services

Annex II

Delivery of mail and parcels, including express courier operators.

Sub-sectors in scope

Postal service providersCourier service providers

Entities typically concerned

Postal operators, couriers and parcel carriers, sorting platforms and last-mile operators.

Waste management

Annex II

Collection, treatment and recovery of waste, where this is the principal economic activity.

Sub-sectors in scope

Waste management undertakings

Entities typically concerned

Collectors and operators of sorting, incineration, anaerobic digestion and landfill facilities, for whom waste management is the principal economic activity.

Chemicals

Annex II

Manufacture, production and distribution of chemical substances and mixtures.

Sub-sectors in scope

Manufacture, production and distribution of chemicals

Entities typically concerned

Manufacturers of basic and speciality chemicals, distributors and traders of substances and mixtures, including sites subject to Seveso regulations.

Food

Annex II

Production, processing and wholesale distribution of food products.

Sub-sectors in scope

Production, processing and distribution of food products

Entities typically concerned

Agri-food companies, cooperatives, logistics platforms and wholesalers engaged in wholesale distribution and industrial production.

Manufacturing

Annex II

Manufacturing industries designated as critical by the directive.

Sub-sectors in scope

Medical devices and in vitro diagnostic medical devicesComputer, electronic and optical productsElectrical equipmentMachinery and equipmentMotor vehicles, trailers and semi-trailersOther transport equipment

Entities typically concerned

Manufacturers of medical devices, electronics manufacturers, electrical equipment suppliers, machinery manufacturers, automotive manufacturers and suppliers, and rail, shipbuilding and aerospace manufacturers.

Digital providers

Annex II

Major digital economy platforms, excluding infrastructure.

Sub-sectors in scope

Online marketplacesOnline search enginesSocial networking service platforms

Entities typically concerned

Operators of marketplaces, consumer search engines, social networks and content-sharing platforms. Jurisdiction is determined by the main establishment in the Union.

Research

Annex II

Research organisations, excluding educational institutions, in accordance with national arrangements.

Sub-sectors in scope

Research organisations

Entities typically concerned

Research institutes and centres whose main activity is applied research or experimental development with a view to the commercial exploitation of the results.

Three clarifications that often change the answer

  • Size thresholds are assessed at the level of the enterprise within the meaning of Recommendation 2003/361/EC, taking partner and linked enterprises into account: a subsidiary with 20 employees within a large group may exceed the thresholds.
  • Some activities are in scope regardless of size: qualified trust service providers, top-level domain name registries, DNS service providers, public electronic communications networks and services, central public administration, and any entity that is the sole provider of an essential service in a Member State.
  • Even if you are out of scope, you may be bound contractually: Article 21 requires regulated entities to secure their supply chain, and therefore to demand guarantees from their direct suppliers.

FAQ

How many sectors are covered by NIS2?

18 sectors in total: 11 sectors of high criticality in Annex I and 7 other critical sectors in Annex II of Directive (EU) 2022/2555.

My sector is in Annex II: am I automatically an important entity?

Only if you reach the medium-sized enterprise threshold (50 employees, or €10 million turnover and balance sheet total). A large Annex II enterprise remains an important entity: Annex II does not produce essential entities, except in the specific cases provided for in Article 3.

Are IT processors covered?

Yes, when they fall under digital infrastructure or ICT service management (business-to-business) in Annex I, such as managed services and managed security services. Outside these cases, they may be bound contractually by their regulated customers under supply chain security requirements.

Are local authorities within scope?

Public administration is listed in Annex I. Central public administration entities are essential regardless of size; the treatment of local authorities is specified by the French transposition law.

Where do I register once I have identified my sector?

With ANSSI, via the MonEspaceNIS2 platform, by declaring your sector, sub-sector, size and the contact details of your point of contact.

Sources

  • Directive (EU) 2022/2555 of 14 December 2022 (NIS2), Articles 2, 3 and 21, Annexes I and II, EUR-Lex.
  • Commission Recommendation 2003/361/EC concerning the definition of micro, small and medium-sized enterprises.
  • ANSSI, MesServicesCyber, "NIS 2 Directive" and the French Cyber Framework (ReCyF).

Which category do you fall into?

Take the 5-question test, then measure your gap against the 10 measures of Article 21.