GRC Answer

What is the difference between NIS2 and DORA?

NIS2 and DORA are two EU frameworks for cybersecurity and operational resilience that came into force around the same time and overlap heavily, but they are not interchangeable. NIS2 (Directive (EU) 2022/2555) is a cross-sector cybersecurity directive covering many industries; DORA (Regulation (EU) 2022/2554) is a finance-specific regulation for digital operational resilience. Where both could apply to the same organisation, DORA generally takes precedence for ICT risk in financial services as the more specific law, the lex specialis principle. A financial entity can therefore be in scope for both, with DORA governing its ICT risk and NIS2 relevant to the extent DORA does not cover. The two differ on instrument, scope, and specificity. NIS2 is a directive, so it is transposed into each member state's national law and its details can vary by country. DORA is a regulation, so it applies directly and uniformly across the EU without transposition. NIS2 spans many sectors; DORA is confined to financial entities and their ICT providers. DORA is also more prescriptive on ICT specifics, such as the register of information and threat-led penetration testing, than NIS2's more general risk-management measures. Where a financial entity would fall under both, DORA is treated as the more specific regime for its ICT risk, and it prevails on the matters it covers. NIS2 recognises this relationship, so the two are designed to fit together rather than duplicate. In practice, a bank manages its ICT risk under DORA and does not also apply NIS2's general measures to the same ground. For a financial entity in scope for both: determine your DORA obligations for ICT risk first, since they are the more specific and prescriptive. Then confirm what, if anything, NIS2 adds beyond DORA's coverage for your organisation, which depends partly on your member state's transposition. The efficient path is to map the shared requirements once, as most of the risk-management and supply-chain substance is common, and only maintain the genuinely distinct pieces separately.