NIS2 Article 33. Supervisory and enforcement measures in relation to important entities

• (a)

  on-site inspections and off-site ex post supervision conducted by trained professionals;
• (b)

  targeted security audits carried out by an independent body or a competent authority;
• (c)

  security scans based on objective, non-discriminatory, fair and transparent risk assessment criteria, where necessary with the cooperation of the entity concerned;
• (d)

  requests for information necessary to assess, ex post, the cybersecurity risk-management measures adopted by the entity concerned, including documented cybersecurity policies, as well as compliance with the obligation to submit information to the competent authorities pursuant to Article 27;
• (e)

  requests to access data, documents and information necessary to carry out their supervisory tasks;
• (f)

  requests for evidence of implementation of cybersecurity policies, such as the results of security audits carried out by a qualified auditor and the respective underlying evidence.

The targeted security audits referred to in the first subparagraph, point (b), shall be based on risk assessments conducted by the competent authority or the audited entity, or on other risk-related available information. The results of any targeted security audit shall be made available to the competent authority. The costs of such targeted security audit carried out by an independent body shall be paid by the audited entity, except in duly substantiated cases when the competent authority decides otherwise.

• (a)

  issue warnings about infringements of this Directive by the entities concerned;
• (b)

  adopt binding instructions or an order requiring the entities concerned to remedy the deficiencies identified or the infringement of this Directive;
• (c)

  order the entities concerned to cease conduct that infringes this Directive and desist from repeating that conduct;
• (d)

  order the entities concerned to ensure that their cybersecurity risk-management measures comply with Article 21 or to fulfil the reporting obligations laid down in Article 23, in a specified manner and within a specified period;
• (e)

  order the entities concerned to inform the natural or legal persons with regard to which they provide services or carry out activities which are potentially affected by a significant cyber threat of the nature of the threat, as well as of any possible protective or remedial measures which can be taken by those natural or legal persons in response to that threat;
• (f)

  order the entities concerned to implement the recommendations provided as a result of a security audit within a reasonable deadline;
• (g)

  order the entities concerned to make public aspects of infringements of this Directive in a specified manner;
• (h)

  impose, or request the imposition by the relevant bodies, courts or tribunals, in accordance with national law, of an administrative fine pursuant to Article 34 in addition to any of the measures referred to in points (a) to (g) of this paragraph.