Must both employment and business-size criteria be met simultaneously for an organisation to fall within the scope of NIS2?
ANSWER
No, the employment and turnover or balance-sheet criteria do not need to be met simultaneously for an organisation to be subject to NIS2. The Directive provides that an undertaking may be subject to the regulations if it meets one of these criteria. This means that if a company employs fewer than 250 persons, or if its annual turnover does not exceed EUR 50 million, or its annual balance-sheet total does not exceed EUR 43 million, it may be classified as a small or medium-sized enterprise (SME) and potentially fall within the scope of NIS2, depending on other factors such as the sector of activity.
