News October is European Cybersecurity Month 25/10/2024

The NIS 2 Directive transposition is waited with expectation as it was foreseen by 17 October, according to Article 41 of Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022, which "obliges" the Portuguese State to transpose, by the mentioned date, the rules established in the referred Directive – on measures to ensure a high common level of cybersecurity across the EU.

However, despite the publication on 7 August of Decree 8914-A/2024, which set up a working group to draft a legislative text to transpose the Directive, there have been no legislative initiatives or parliamentary acts to amend the legal framework for cyberspace security that NIS 2 amends.

 The failure to transpose the Directive, does not render meaningless the rules adopted at the level of the European Union.

 Recalling the judgment of the European Court of Justice of 5 February 1963 in case 26/62, "Van Gend en Loos", there is at least a direct vertical effect of the non-transposed Directive, which is exercised in the relations between individuals and the State, which means that individuals can invoke the provisions of EU law in relation to the State if they are precise, clear, unconditional and do not require additional measures.

 GPA Law Firm's cybersecurity practice area has been monitoring the issues raised by the NIS 2 Directive and is available to answer any questions that may arise in this area.