Incident notifications

Companies covered by the NIS 2 Law are required to report significant incidents. Here you can read more about what the rules entail.

What is a significant incident?

An incident is considered significant if one of the following conditions is met, according to Section 12 of the NIS 2 Law:

  1. The incident has caused or is capable of causing serious operational disruptions to the services or financial losses for the affected entity.
  2. The incident has affected or is capable of affecting other natural or legal persons by causing substantial physical or non-physical damage.

What does reporting involve?

Once a company becomes aware of a significant incident, it must report the incident within the prescribed timeframes. This is done as follows:

Illustrationen viser en tidslinje med fire punkter. Punkt 1, tidlig varsling inden 24 timer. Punkt 2, hændelsesunderretning inden 72 timer. Punkt 3, eventuel foreløbig rapport. Punkt 4, endelig rapport inden 1 måned.

Reports of significant incidents must be submitted via virk.dk. The report is automatically forwarded to the relevant sectoral authorities and the CSIRT (Computer Security and Incicent Response Team). The CSIRT handles IT-security incidents and reacts on as well as offers support for affected entities in the event of an incident.

The European Commission has adopted an implementing regulation that sets out specific requirements for incident reporting, including definitions of what constitutes a significant incident (Articles 3–14). These requirements are relevant for companies within the digital sector but vary depending on which services the company provides.

You can read more about the implementing regulation on the page NIS 2 – Regulatory Framework

Significant incidents for the digital sector

The NIS 2 Law’s definition of a significant incident is supplemented by Implementing Regulation No. 2024/2690. Here, an incident is considered significant in relation to entities covered within the digital sector if one of the following criteria is met:

Other criteria for significant incidents by entity type:

If the above-mentioned general criteria for the digital sector is not met, but the entity falls under one of the below categories, and the incident meets one of the specific criteria for the entity category, the incidents is seen as significant.