Extension Decision on Commission's Hold Regarding Extension
The KRITIS umbrella law, adopted by the federal cabinet and transposing an EU directive into German law, aims to protect critical infrastructures in Germany. However, concerns have arisen regarding its scope and potential implications for the overall security of the state.
One of the main points of contention is the exclusion of state administrations from the law's umbrella. This exemption leaves state authorities and administrative infrastructure exposed to physical and hybrid risks, and does not guarantee a higher level of security for these crucial sectors.
Dr. Ralf Wintergerst, President of Bitkom, has emphasised the importance of the KRITIS umbrella law for the protection of critical infrastructures in Germany. However, he also acknowledges the concern that this exemption poses for the overall security of the state.
The implementation deadline for the KRITIS umbrella law is set for October 18, 2024. However, the decision of the federal cabinet on the law has been considered long overdue, and Germany is currently facing a contract infringement procedure by the EU Commission due to missed implementation deadlines.
The KRITIS umbrella law requires operators of critical infrastructure to conduct a risk assessment for hybrid threats. However, state authorities and administrative infrastructure are not subject to this risk assessment, which adds to the concerns about the law's effectiveness in protecting these sectors.
Furthermore, there are many overlaps between the KRITIS umbrella law and the NIS2 directive currently being implemented. This could lead to legal uncertainties and an unnecessarily high bureaucratic burden, especially for sectors that already meet specific security requirements.
The exclusion of significant parts of the federal administration from the KRITIS umbrella law may pose a risk to the security of the state. The lack of specific information about which authorities or institutions are exempt from the legislation only adds to the uncertainty.
Moreover, the terms and requirements for companies are structured differently in the KRITIS umbrella law and the NIS2 directive. This discrepancy could lead to further complications and inconsistencies in the implementation and enforcement of the laws.
In conclusion, while the KRITIS umbrella law is intended to protect critical infrastructures in Germany, its exclusion of state authorities and administrative infrastructure from its scope raises valid concerns about the overall security of the state. The potential for legal uncertainties, increased bureaucratic burden, and inconsistencies in requirements between the KRITIS umbrella law and the NIS2 directive further compound these concerns. It is crucial for the German government to address these issues in order to ensure the effective protection of its critical infrastructure landscape.
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