Do I fall under NIS2? How to find out if Act No. 264/2025 Coll. Applies to me.

Published: 4. 12. 2025 | Author: Ing. Vít Vomáčko | NIS2OK.cz

Do I fall under NIS2? - this is the most common question we receive from companies and organisations since October 2025. The quickest answer comes from our Free test: in 10 minutes you will know if the law applies to you.The answer depends on two factors: the sector in which you operate and the size of your organisation. This guide will walk you through a step-by-step self-assessment.

Warning: the responsibility for determining whether an organisation falls under the Act lies with the organisation itself: not with NÚKIB. If you are unsure and the Act applies to you but you fail to register, penalties for non-registration may be imposed.

Step 1: Check the size of the organisation

Act 264/2025 Coll. Generally applies to medium and large enterprises. Micro-organisations and small enterprises are mostly exempt, but with important exceptions (see below).

Business category Employees Annual turnover Balance sum
Micro-enterprise < 10 < 2 million EUR < 2 million EUR
Small business 10 - 49 2 - 10 million EUR 2 - 10 million EUR
Medium-sized enterprise 50 - 249 10 - 50 million EUR 10 - 43 million EUR
Large enterprise 250 and more > 50 million EUR > 43 mil. EUR

For size classification, average data from the last two financial years are used. If an organisation exceeds at least one of the numerical indicators, it falls into that category. Medium and large enterprises in regulated sectors have obligations under Act No. 264/2025 Coll.

The size is assessed for the entire economic group; regulation cannot be evaded by artificially splitting an organisation into multiple smaller entities.

Step 2: Verify whether you operate in a regulated sector

The Act distinguishes between highly critical sectors (Annex I) and other critical sectors (Annex II). Entities from Annex I are classified as essential and are subject to stricter supervision.

Sector Annex Examples of entities Min. Size
Energy efficiency And Production, transmission and distribution of electricity, gas, oil and district heating. Medium
Delivery And Air transport, railways, river and sea transport, operators of road infrastructure Medium
Banking and finance And Banks, financial market infrastructure operators, payment institutions Medium
Healthcare And Hospitals, pharmaceutical and medical device manufacturing, laboratories Medium
Drinking water And Drinking water distribution, wastewater treatment plants Medium
Digital infrastructure And ISP, DNS providers, data centres, cloud providers, IXP, TLD registry Without exception
Public administration And Central state administration authorities and regional offices Without exception
Space industry And Ground infrastructure for space programmes Medium
Postal and courier services II Operators of postal and delivery services Medium
Waste management II Operators handling waste Medium
Manufacturing II Manufacture of medical devices, electronics, machinery, motor vehicles and chemicals. Medium
Food industry II Production, processing and distribution of foodstuffs Medium
Digital providers II Online marketplaces, search engines, social media platforms Medium
Research II Research institutions (especially those connected to critical infrastructure) Medium

Exceptions that may come as a surprise

There are situations where the law applies even to organisations that do not meet the standard size criteria:

Step 3: Result: what does this imply?

I do not fall under this category.

A small business outside the regulated sector. Act 264/2025 Coll. Does not impose direct obligations on you, but cybersecurity pays off even without regulation.

I may be falling behind.

You are at the threshold (close to 50 employees or €10M turnover, or you are unsure of your sector classification). Have it verified by an expert on NIS2 OK. NIS2Manager.cz.

I fall under

A medium or large enterprise in a regulated sector. You must register with the National Nuclear Safety Authority and comply with legal obligations.

Step 4: Registration with NÚKIB

If you have concluded that Act No. 264/2025 Coll. Applies to you, the first step is registration with NÚKIBThe deadline for registering existing entities expired in January 2026, if you have not yet registered, do so as soon as possible.

Registration is carried out electronically via the gov.nukib.cz portal using a data box or a qualified electronic signature. When registering, you must provide:

After registration, NÚKIB will include the entity in the register of regulated entities and assign it the appropriate category (essential or important entity). This classification determines the intensity of supervision and the level of potential sanctions.

What to do first upon discovering that you fall under NIS2 OK?

Chronologically, we recommend this procedure:

1

Registration with NÚKIB

Immediately, if not yet completed. This fulfills your basic obligation and initiates communication with the regulator.

2

Appointment of a Cybersecurity Manager

Internal or external. Must have appropriate competence and direct access to management.

3

Gap analysis / compliance audit

Find out what obligations the law imposes and where you have gaps. Start with our free online audit or use SecureOn.cz for a detailed B2B security audit.

4

Risk analysis and security policies

Basic documentation without which compliance cannot be demonstrated during a NÚKIB inspection.

5

Setting up the incident response process

Who reports incidents to NÚKIB, how and within what deadlines. This procedure must operate 24/7 from day one.

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Find out your status in 5 minutes

Our free online audit on check.nis2ok.cz will answer you precisely:

  • ✓ Whether you fall under Act No. 264/2025 Coll.
  • ✓ Whether you are a critical or important entity
  • ✓ What gaps do you have in fulfilling your obligations?
  • ✓ What steps to take as a priority
Start a free audit now

No registration. No credit card. Results immediately.