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Compliance & Regelgeving 6 maart 2026 8 min leestijd

Beveiligingsregelgeving update maart 2026: NIS2-handhaving begint, DORA-deadlines naderen, AVG-recordboetes

NIS2-richtlijnhandhaving versnelt in EU-lidstaten. DORA-compliance deadline aftelling. AVG-handhaving bereikt recordniveaus met €2,1 miljard aan boetes. EU AI Act treedt in toepassingsfase. Kritieke updates voor beveiligings- en complianceteams.


⚖️ NIS2 Directive: Enforcement Phase Begins

Compliance Deadline Passed — Enforcement Active

The NIS2 Directive transposition deadline passed in October 2024. EU lidstaten are now actively enforcing cybersecurity requirements, with the first administrative penalties issued in Q1 2026. Organizations found non-compliant face boetes tot €10 million or 2% of global annual turnover, whichever is higher.

NIS2 Scope & Requirements

The Network and Information Security Directive 2 (NIS2) significantly expands cybersecurity obligations across the European Union:

Recent Enforcement Actions

Germany issued its first NIS2 penalty in February 2026 to a mid-sized cloud service provider for failure to implement risicobeheer measures and incidentrespons procedures. Fine: €850,000.

France opened investigations into 14 entities across healthcare and digital infrastructure sectors for inadequate cybersecurity governance and missing incidentrapportage mechanisms.

Netherlands published compliance guidance requiring all essential and important entities to complete self-assessment by June 2026.

Action required: Organizations in scope must immediately implement NIS2 cybersecurity measures including risicobeheer, incidentrespons, business continuity, toeleveringsketen security, cryptography, access control, and vulnerability handling.


🏦 DORA: 9 Months Until Compliance Deadline

The Digital Operational Resilience Act (DORA) enters into force on 17 januari 2025. Financial entities have less than 9 months remaining to achieve full compliance.

DORA Requirements Overview

Pillar Key Requirements
ICT Risk Management Comprehensive framework covering identification, protection, detection, response, recovery, and learning capabilities
Incident Reporting Major ICT incidents reported to supervisory authorities within strict timelines
Operational Resilience Testing Regular testing including threat-led penetration testing (TLPT) for significant entities
Third-Party Risk Management of ICT third-party providers with contractual arrangements ensuring oversight
Information Sharing Participation in cyber threat intelligence sharing arrangements

Who Must Comply?

Critical ICT Third-Party Providers

DORA introduces a new oversight framework for critical ICT third-party service providers. Cloud providers, data center operators, and managed security service providers serving financial entities will face direct EU supervision and must register with the European Supervisory Authorities (ESAs).

Timeline pressure: Many financial institutions report significant gaps in DORA readiness, particularly around third-party risicobeheer and operational resilience testing. Supervisory authorities are preparing for day-one enforcement.


🛡️ GDPR Enforcement: Record €2.1B in 2025 Fines

GDPR enforcement reached unprecedented levels in 2025, with EU data protection authorities issuing €2.1 billion in administrative fines — a 40% increase over 2024.

2025 Enforcement Trends

Notable 2025 Enforcement Actions

€650M — Major social media platform (Ireland DPA)
Violations: Unlawful processing of personal data for behavioral advertising, inadequate legal basis, transparency failures

€425M — Global advertising technology company (France CNIL)
Violations: Real-time bidding data sharing without valid consent, inadequate data minimization

€380M — Healthcare AI platform (Germany)
Violations: Processing health data without adequate safeguards, automated decision-making without human oversight

Emerging Focus Areas for 2026


🤖 EU AI Act: Application Phase Begins

The EU Artificial Intelligence Act entered into force in August 2024. Key provisions begin applying in phases through 2026-2027.

2026 Application Tijdlijn

Date Provisions Applying
February 2026 Prohibited AI practices (Article 5)
May 2026 General-purpose AI model requirements (Chapter V)
August 2026 High-risk AI system requirements (Chapter III)
August 2027 Full application of all AI Act requirements

Prohibited AI Practices (Now in Effect)

As of February 2026, het volgende AI systems are banned in the EU:

High-Risk AI Systems Registration

Registration Opens Q2 2026

The EU AI Office will open registration for high-risk AI systems in Q2 2026. Providers must register systems before market placement. High-risk categories include: biometric identification, kritieke infrastructuur, education/vocational training, employment, essential services, law enforcement, migration/border control, and justice/democratic processes.

General-Purpose AI Models (May 2026)

Providers of general-purpose AI models (GPT-4, Claude, Gemini, Llama, etc.) moet voldoen with transparency requirements and, for systemic-risk models (>10^25 FLOPs training), additional obligations including:


📋 Compliance Checklist: Q2 2026

  1. NIS2 (Immediate):
    • Confirm in-scope status (essential or important entity)
    • Implement all 10 minimum security measures
    • Establish 24/72-hour incidentrapportage procedures
    • Document toeleveringsketen security assessments
    • Ensure management body accountability mechanisms
  2. DORA (9 months remaining):
    • Complete ICT risicobeheer framework implementation
    • Inventory all ICT third-party providers and assess criticality
    • Update contracts with ICT service providers for DORA compliance
    • Plan threat-led penetration testing (TLPT) for 2026
    • Establish incident classification and reporting processes
  3. GDPR (Ongoing):
    • Review AI/automated decision-making for Article 22 compliance
    • Audit cookie consent mechanisms for dark patterns
    • Update Records of Processing Activities (ROPA)
    • Test datalek notification procedures (<72 hours)
    • Review international data transfer mechanisms
  4. EU AI Act:
    • Inventory all AI systems and classify risk levels
    • Discontinue any prohibited AI practices immediately
    • Prepare high-risk AI system technical documentation
    • For GPAI providers: Implement transparency requirements
    • Monitor EU AI Office guidance and registration timelines

⚠️ Regulatory Risk Assessment

High enforcement risk: Organizations operating in multiple regulated sectors (e.g., financial services + healthcare) face overlapping complianceverplichtingen from NIS2, DORA, GDPR, and sector-specific regulations. Gaps in any framework create compounding regulatory risk.

Toeleveringsketen exposure: Both NIS2 and DORA impose explicit toeleveringsketen security and third-party risicobeheer requirements. Organizations relying on non-compliant vendors inherit regulatory risk.

Cross-border complexity: Different EU lidstaten are transposing and enforcing NIS2 at different paces, creating compliance complexity for organizations operating across multiple jurisdictions.

Navigate Compliance with KENSAI

Automated compliance mapping for NIS2, DORA, GDPR, and EU AI Act. Real-time regulatory updates and gap analysis.

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Stay compliant. Stay informed.

🗡️ KENSAI Compliance Team

6 maart 2026