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Law & regulationHigh

NIS-2 Liability Trap: Why Managing Directors Face Personal Asset Liability

Validated facts

Under the NIS-2-UmsuCG, managing directors must personally oversee IT security measures and undergo regular training. They are personally liable to the company for damages in case of culpable breaches of duty; exclusion of liability is not permitted.

In plain language

Cybersecurity is a board-level matter: Bosses can no longer dismiss IT failures with 'I don't understand computers'. Whoever slacks pays out of their own pocket.

Security relevance & practical tip

Finally ensures that IT security is taken seriously and budgeted for in management suites.

Primary source / reference

  • § 38 BSIG-Entwurf / NIS-2 Art. 20