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Portugal: Council of Ministers approves draft bill transposing NIS 2 and draft bill implementing DSA

On October 24, 2024, the Council of Ministers announced the approval of a bill transposing Directive (EU) 2022/2555 on Security of Network and Information Systems (NIS 2 Directive) (the NIS 2 draft bill) and a draft bill implementing the Digital Services Act (DSA) (the DSA draft bill).

NIS 2 draft bill

According to the Minister of the Presidency, the NIS 2 draft bill creates a new legal scheme for cybersecurity in Portugal, strengthening the security measures that the entities will have to adopt, given their size and the critical and essential nature of the services they provide.

The Minister highlighted three types of duties, namely adjusting security, reporting, and oversight. The overseeing bodies such as the National Cybersecurity Center (CNCS) and the National Communications Authority (ANACOM) will have reinforced powers to promote the adoption of strengthened cybersecurity practices, including in relation to incident reporting duties.

The NIS 2 draft bill will undergo public consultation which is expected to take place during the month of November. After public consultation, the NIS 2 draft bill will be sent to Parliament.

DSA draft bill

The Minister noted that the DSA draft bill sets forth duties for digital services providers, namely against illegal content, and that ANACOM will be the overseeing body.  

You can read the press release here.