NIS2 vs GDPR: What's the Difference?
Two letters that keep business owners awake at night: NIS2 and GDPR. Both are EU regulations about security and data. But what's the difference? Do you need to comply with both? This guide explains how they work together—and what that means for your business.
Two Regulations, Different Goals
Think of it this way: GDPR is about protecting people's personal information. NIS2 is about protecting critical infrastructure and services. A hospital needs GDPR to protect patient records and NIS2 to ensure its systems keep running during a cyberattack.
Side-by-Side Comparison
| Aspect | GDPR | NIS2 |
|---|---|---|
| Primary focus | Personal data protection | Cybersecurity of systems |
| Effective since | May 2018 | October 2024 |
| Who must comply | Any org processing EU personal data | Essential and important entities in specific sectors |
| Maximum penalty | €20M or 4% global turnover | €10M or 2% global turnover |
| Breach notification | 72 hours to DPA | 24 hours early warning + 72h full report to CSIRT |
| Main requirements | Consent, data rights, privacy by design | Risk management, incident handling, supply chain security |
| Belgian authority | Data Protection Authority (GBA) | Centre for Cybersecurity Belgium (CCB) |
Who Needs to Comply?
GDPR applies to you if...
- You collect or process personal data of EU residents
- You employ people (employee data)
- You have customers or contacts (names, emails, addresses)
- You use website analytics or cookies
Essentially: almost every business needs GDPR compliance.
NIS2 applies to you if...
- You're in a critical sector (energy, transport, health, finance, water, digital infrastructure)
- You're in an important sector (postal, waste, food, manufacturing, chemicals, research)
- You meet size thresholds (50+ employees or €10M+ turnover)
- You're a critical supplier to these sectors
Check our Who Must Comply guide for detailed sector information.
Where NIS2 and GDPR Overlap
The regulations aren't completely separate. There's significant overlap, especially around security and incident response.
Security Measures
Both require "appropriate technical and organizational measures" to protect data/systems. Good security practices satisfy both regulations.
Incident Notification
A data breach involving personal data may require notification under both GDPR (to DPA within 72h) AND NIS2 (to CSIRT within 24h). Plan for both timelines.
Risk Assessment
GDPR requires Data Protection Impact Assessments. NIS2 requires cybersecurity risk assessments. Use a combined approach to cover both.
Documentation
Both regulations require documented policies and procedures. One comprehensive security framework can address both sets of requirements.
Practical Guidance
Here's how to approach compliance if you need both regulations:
Start with GDPR
GDPR has been around longer and applies more broadly. Get your data protection basics in place first: privacy policy, consent mechanisms, data inventory, breach procedures.
Assess NIS2 scope
Determine if NIS2 applies to your organization. Check sector lists and size thresholds. If you're a supplier to critical entities, you may be indirectly affected.
Build on existing controls
Many GDPR security measures satisfy NIS2 requirements. Don't start from scratch—extend what you have. Add incident reporting to CCB, supply chain assessments, and business continuity planning.
Use CyberFundamentals
The Belgian CCB CyberFundamentals framework is designed to help you meet NIS2 requirements. It integrates well with GDPR security obligations.
Penalties Compared
Both regulations have serious penalties, but the structures differ:
GDPR Penalties
- Up to €20 million or 4% of global annual turnover (whichever is higher)
- Two tiers: minor violations up to €10M/2%, serious violations up to €20M/4%
- Applied by Data Protection Authority (GBA in Belgium)
- Personal liability for data protection officers is limited
NIS2 Penalties
- Essential entities: up to €10 million or 2% of global turnover
- Important entities: up to €7 million or 1.4% of global turnover
- Management can be held personally liable
- Applied by sectoral authorities and CCB in Belgium
Key Differences to Remember
| Difference | GDPR | NIS2 |
|---|---|---|
| Focus | Protecting people (their data rights) | Protecting systems (infrastructure resilience) |
| Scope | Universal—any personal data processing | Sector-specific with size thresholds |
| Main obligation | Lawful, fair, transparent data processing | Comprehensive cybersecurity measures |
| Individual rights | Extensive (access, deletion, portability) | Not focused on individual rights |
| Management liability | Organization is liable, not usually individuals | Management can be personally sanctioned |
How Easy Cyber Protection Helps
Our platform helps you address both GDPR and NIS2 requirements through a unified approach based on the CyberFundamentals framework.
Frequently Asked Questions
Do I need to comply with both GDPR and NIS2?
If you're in a NIS2 sector and handle personal data, yes. Most businesses need GDPR compliance. NIS2 adds additional requirements for organizations in critical and important sectors.
Which regulation is more important?
Both are equally important legally. However, GDPR applies more broadly. If you're not sure about NIS2 scope, focus on GDPR first, then assess NIS2 applicability.
Can one security framework cover both?
Yes. A good cybersecurity framework like CyberFundamentals addresses the security requirements of both regulations. You'll need additional GDPR-specific elements (privacy notices, consent) and NIS2-specific elements (CSIRT reporting, supply chain).
What happens if I have a breach affecting both?
You may need to notify multiple authorities: the Data Protection Authority under GDPR (within 72h) and the CSIRT under NIS2 (early warning within 24h, full report within 72h). Have procedures ready for both.
Is there overlap in the penalties?
The regulations have separate penalty frameworks. In theory, a single incident could result in penalties under both regulations if it involves personal data AND affects system security. However, authorities typically coordinate to avoid double punishment for the same facts.
Related Articles
Sources
- GDPR (EU) 2016/679 — General Data Protection Regulation
- NIS2 Directive (EU) 2022/2555 — Network and Information Security Directive
- Belgian Data Protection Authority — Belgian GDPR supervisory authority
- Centre for Cybersecurity Belgium (CCB) — Belgian authority for NIS2
- ENISA NIS2 Guidelines — EU Agency for Cybersecurity guidelines