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NIS2 Directive – How to integrate employment background checks to meet legal requirements

Cyber threats are increasing as we become more digitised. This is why the NIS Directive was implemented in August 2018. The Directive sets requirements for the security of networks and information systems of companies and public authorities in EU Member States. In December 2020, NIS2 was introduced, and businesses within the EU have until October 2024 to implement measures to comply with the new directive.

As part of the NIS Directive, companies and organisations should take appropriate measures in areas such as cyber risk management, penetration testing and incident response. By introducing background checks when hiring you ensure that you have trustworthy staff in place.

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What is the NIS2 Directive?

The NIS2 Directive is an update of the former Network and Information Systems (NIS) Directive in the European Union. It forms part of the EU’s efforts to improve cybersecurity within Member States. The NIS2 Directive aims to strengthen security requirements for networks and information systems, especially for critical services and infrastructures.

Here are some of the changes in the new directive:

  • More sectors are included: the Directive expands the scope of the types of organisations covered, including more sectors and types of services. Everything from sewage management and groceries to space operations are affected by the new rules.
  • Tougher safety requirements: the Directive introduces more stringent safety requirements and reporting obligations for affected organisations. This includes requirements to take appropriate and proportionate technical and organisational measures to address cybersecurity risks.
  • Incident reporting: the Directive requires incidents affecting network and information systems to be reported to the relevant national authorities.
  • National enforcement and penalties: the Directive strengthens the role of national enforcement authorities and introduces stricter penalties for non-compliance.
  • Improved coordination: the Directive promotes greater coordination and sharing of information between EU countries to address cross-border cybersecurity threats and incidents.
  • Focus on recovery: the Directive places greater emphasis on the ability of organisations to not only prevent, but also to quickly recover from cybersecurity threats.

These changes aim to create a more robust and coherent framework for cybersecurity in the EU, which is particularly important with the growing number of cyber threats.

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A happy female employer after a successful background check

Organisations covered by NIS2

The NIS2 Directive covers a wide range of companies and organisations that employ more than 49 people and have a turnover or balance sheet total exceeding €10 million per year. Initially, only essential service providers and digital service providers in seven sectors were covered:

  • Banking
  • Digital infrastructure
  • Energy
  • Financial market infrastructure
  • Health and medical services
  • Water supply and distribution
  • Transportation

The Directive has now been extended and more sectors are included:

  • Sewage treatment
  • Waste management
  • District heating or cooling, hydrogen gas
  • Groceries
  • Public administration
  • Manufacturing industry
  • Postal services
  • Space operations

Read more about the NIS2 Directive on the MSB (Swedish Civil Contingencies Agency) website.

How does the NIS Directive affect your organisation?

If your organisation is covered by the NIS Directive, there are a few things you need to do. Start by identifying whether there are any gaps in your operations in relation to the requirements of the Directive. You then need to design a cybersecurity framework with measures that need to be taken to comply with the new security requirements and implement these measures. This means, among other things, having a plan for dealing with potential cybersecurity incidents, ensuring security with your suppliers (e.g. through background checks) and reporting any incidents to national authorities.

Include background checks in your risk management plan

Including background checks in your risk management plan is essential to protect against a range of potential threats and ensure a safe and stable operating environment. Employee background checks complement cybersecurity, which is increasingly important in a digitalised world where cyberattacks and data breaches can lead to significant financial losses, reputational damage and breaches of data protection laws. By incorporating robust security strategies, such as conducting employee background checks, you can proactively prevent, detect and manage cyber threats.

Background checks ensure that employees are trustworthy and do not pose an internal security risk. This is not only important to protect sensitive company information, but also to maintain a safe and reliable working environment. By including these elements in your risk management plan, you as a company can reduce vulnerabilities and strengthen your overall resilience to a range of internal and external threats.

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Improving corporate culture and security through staff vetting

Employee vetting, the careful review and evaluation of potential and current employees, plays a crucial role in creating a better corporate culture and enhancing security within an organisation. For example, by checking credit ratings, criminal records, PEPs, sanctions lists and negative media, you can know who you are hiring.

Here are some reasons why companies should invest in vetting staff:

  • Increased security: Ensuring that employees do not have a history of unethical behaviour or previous security breaches reduces the risk of insider threats. This is particularly important in positions where employees handle sensitive information or critical systems.
  • Trust and confidence: Vetting helps build a team of trustworthy individuals. When employees know that their colleagues have undergone the same rigorous background check, it can increase trust within the team and contribute to a more open and honest work environment.
  • Compliance with laws and regulations: In some industries, vetting is required to comply with laws and regulations, especially when it comes to data protection and handling sensitive information. Complying with these regulations is not only required by law but also contributes to a culture of professionalism and responsibility.
  • Prevention of conflicts: Vetting can reveal possible conflicts of interest or other personal circumstances that may affect an employee’s work. Having this information available in advance can help prevent future conflicts and ethical dilemmas.
  • Risk management: By identifying potential risks associated with employees, companies can proactively manage these risks. Not only does this include security risks but also risks related to the company’s reputation and legal compliance.

Ensuring employee qualifications and work experience

With a thorough background check on education and work experience, you can ensure that a potential employee’s stated qualifications match reality. This is particularly important in professions where specific qualifications are essential to perform the job correctly and safely. By hiring people whose qualifications and experience have been carefully reviewed, you minimise the risk of costly mistakes or inefficiencies that may arise from insufficient knowledge or experience, which is important in order to comply with the NIS2 Directive.

Minimise data security risks and maintain a safe work environment using Validata’s background checks

The number of cyber-attacks is steadily increasing with a wide variety of threats such as ransomware, spyware, data leaks and the spread of misleading information to name a few. If your business falls victim to a cyberattack, it can be devastating to your reputation and finances. If you do not take sufficient measures to comply with the NIS2 Directive, you also risk significant financial penalties based on your company’s global turnover.

With Validata’s background checks you get valuable insights into your employees and suppliers, which can be crucial for your company’s data security. Our software makes the checks fast and efficient and all data is GDPR-compliant. We always adjust our solution to your company’s needs and have a secure procedure for dealing with any security incidents that arise. With us you get “The comfort of being sure” and can feel safe with both your employees and partners.

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