Provision of digital services and cybersecurity under the NIS Directive and its implementing acts in the Republic of Malta and the Republic of Poland

Abstract

The Internet provides digital services that play an important role in society and on which some entrepreneurs may depend. Cybersecurity is important for digital service providers, not only in terms of technical or organisational aspects, but also legal aspects, because some digital service providers may still be affected by additional legal obligations. This article presents a comparative analysis of the provisions concerning digital services and cybersecurity under the NIS Directive and its implementing acts in the Republic of Malta and the Republic of Poland. The NIS Directive addresses the provisions of only three types of digital services - i.e. the online marketplace, internet search engine and cloud computing services. A digital service provider is a legal entity that is subject to the provisions of a given national legal act implementing the NIS Directive under certain conditions. There are some differences in the acts analysed in this article, particularly in terms of legal obligations or financial penalties.