NIS2 vs GDPR: two regimes, one governance
Overlaps, differences and the seven areas where a GDPR-compliant company is already halfway to NIS2 readiness.
TL;DR
NIS2 and GDPR cover different domains (system security vs personal data protection) but overlap in 7 areas. A GDPR-compliant company is already 70% of the NIS2 work done: governance, incident handling, supply chain, training.
The two regimes in one line
- GDPR: personal data protection. Subject: anyone processing EU personal data.
- NIS2: critical information system security. Subject: entities in 18 critical sectors.
Different objectives, many identical technical measures.
The 7 overlap areas
1. Risk assessment
Both GDPR (DPIA for risky processing) and NIS2 (cyber risk analysis) require structured assessment. Same methodology can serve both.
2. Incident notification
GDPR: 72 hours to the data protection authority for data breaches. NIS2: 24-hour early warning, 72-hour full notification to CSIRT. Almost identical procedures. The same event often triggers both.
3. Encryption and pseudonymisation
GDPR article 32. NIS2 technical measure. Same technology, dual legal basis.
4. Staff training
GDPR articles 39 and 32. NIS2 article 21 lett. g. Same cyber training serves both.
5. Supplier management
GDPR article 28 (data processors). NIS2 supply chain. Same due diligence.
6. Service continuity
GDPR article 32 lett. b (recovery capability after physical or technical incident). NIS2 business continuity measure. Same DR plan covers both.
7. Audit and accountability
GDPR accountability principle. NIS2 effectiveness check. Same documentation, dual use.
The 3 key differences
1. Subject
GDPR: data Controller. NIS2: entity in critical sector.
2. Data type
GDPR: personal data. NIS2: all critical information systems (even without personal data).
3. Authority
GDPR: data protection authority. NIS2: ACN (with coordination).
What changes for the DPO
The existing DPO is NOT automatically the NIS2 lead. They are distinct roles:
- DPO: appointed for GDPR, data protection focus.
- NIS2 lead: new figure, system security focus.
Can be the same person, but the duties are distinct.
FAQ
Does ISO 27001 solve both?
Largely yes. Especially the 2022 version with A.5.30. The CSIRT notification procedure still needs formalising.
Can I write a single policy?
Yes, an "information security policy" covering both. Practical.
Do fines stack?
Yes, if the same event violates both.
For the big picture, NIS2 and DR. For fines, NIS2 deadlines and fines.
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