NIS 2 Directive, Proposal 16.12.2020

The NIS 2 Directive, Mutual assistance

Article 34, NIS 2 Directive (Proposal 16.12.2020).

Mutual assistance

1. Where an essential or important entity is providing services in more than one Member State, or has its main establishment or a representative in a Member State, but its network and information systems are located in one or more other Member States, the competent authority of the Member State of the main establishment or other establishment or of the representative, and the competent authorities of those other Member States shall cooperate with and assist each other as necessary. That cooperation shall entail, at least, that:

(a) the competent authorities applying supervisory or enforcement measures in a Member State shall, via the single point of contact, inform and consult the competent authorities in the other Member States concerned on the supervisory and enforcement measures taken and their follow-up, in accordance with Articles 29 and 30;

(b) a competent authority may request another competent authority to take the supervisory or enforcement measures referred to in Articles 29 and 30;

(c) a competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority with assistance so that the supervision or enforcement actions referred to in Articles 29 and 30 can be implemented in an effective, efficient and consistent manner. Such mutual assistance may cover information requests and supervisory measures, including requests to carry out on-site inspections or off-site supervision or targeted security audits. A competent authority to which a request for assistance is addressed may not refuse that request unless, after an exchange with the other authorities concerned, ENISA and the Commission, it is established that either the authority is not competent to provide the requested assistance or the requested assistance is not proportionate to the supervisory tasks of the competent authority carried out in accordance with Article 29 or Article 30.

2. Where appropriate and with common agreement, competent authorities from different Member States may carry out the joint supervisory actions referred to in Articles 29 and 30.

Note: This is not the final text of the NIS 2 Directive. This is the text of the NIS 2 Directive Proposal of 16.12.2020.