Directive NIS2 European Union
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Annex II · sector 18 of 18

NIS2 for Research organisations


Open collaboration culture against access control obligations. Article 21(2)(i) is the measure that most conflicts with how research actually gets done.

Annex
II
Default class
Important
Supervision
ex post
Maximum fine
7 M€ / 1,4 %

Which entities are covered


Organisations whose primary goal is to conduct applied research or experimental development with a view to exploiting the results for commercial purposes, excluding educational institutions.

Sub-sectors named in the annex

  • Research organisations

Scope traps specific to this sector


Trap 1

Educational institutions are excluded — a university is not in scope as such, but a commercial research institute is.

Trap 2

The test is the primary goal of exploiting results commercially, which catches corporate R&D subsidiaries.

Trap 3

Member states could extend scope to universities in national law; several considered it.

What else applies to you


Horizon Europe grant security requirements; export control rules on dual-use research.

NIS2 rarely arrives alone. Where another EU act covers the same ground and is at least equivalent in effect, article 4 disapplies the corresponding NIS2 provisions — but only those, and only where that test is met.

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