This also means it's time to check your IT contracts or take them into account when entering into new contracts. There are several points of attention to ensure that you meet the requirements and best practices of NIS2. We have listed a number of points of attention below:
Security Policies and Procedures:
- • Include security requirements in contracts: Specify the technical and organizational measures that suppliers must implement to comply with NIS2.
- • Incident response and reporting requirements: Clear agreements on how and when security incidents must be reported, both internally and externally.
Data Privacy and Protection:
- • Data encryption and protection: Contractual obligations to protect data, both in transit and at rest.
- • Access control and identity management: Agreements on who has access to data and systems, and how this access is managed and controlled.
Monitoring and Auditing:
- • Audit and Inspection Rights: Provisions that give you the right to audit the vendor’s systems and processes to ensure compliance with NIS2.
- • Compliance Monitoring: Continuous monitoring requirements and reporting obligations of the vendors.
Collaboration and Support:
- • Incident Collaboration: Mechanisms for collaboration and coordination between parties in the event of a security incident.
- • Support and Training: Obligations of vendors to provide support and training for your organization’s personnel regarding NIS2 compliance.
Contractual Sanctions and Obligations:
- • Sanctions and Liability: Clear provisions on the consequences of non-compliance with NIS2 requirements, including fines, damages and termination of the contract.
- • Insurance: Agreements on insurance that provide coverage for potential security incidents and data breaches.
Business Continuity and Recovery Plans:
- • Disaster recovery and business continuity planning: Obligations for suppliers to have and test effective recovery plans to ensure continuity of critical services.
Legal and Regulatory Compliance:
- • Changes in legislation: Provisions that anticipate changes in legislation and the obligations of the parties to comply with new or changed regulations.
- • Termination and transition: Clear agreements on the termination of contracts and the secure transfer of services and data to ensure continuity and compliance.
By carefully considering these aspects and incorporating them into IT contracts, you will be better prepared for NIS2 compliance and the associated security and compliance challenges.
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