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Sectors of high criticality (Annex I)

The sectors with the greatest impact on society and the economy. Large entities in these sectors are classified as essential entities; medium-sized ones as important entities.

Energy

Electricity, oil, gas, hydrogen, district heating

Transport

Air, rail, maritime, road

Banking

Credit institutions, banks

Financial Markets

Financial market infrastructures

Health

Hospitals, laboratories, pharma manufacturers, medicine distributors and pharmaceutical trade (NACE 4646/4773)

Drinking Water

Drinking water suppliers and distributors

Wastewater

Wastewater management

Digital Infrastructure

IXP, DNS, TLD, cloud, data centers, CDN

ICT Services (B2B)

MSP, MSSP

Public Administration

Central government entities

Space

Space infrastructure

Other critical sectors (Annex II)

Additional critical sectors. In-scope entities in these sectors are classified as important entities.

Postal Services

Postal and courier services

Waste Management

Collection, treatment, recycling

Chemicals

Production and distribution

Food Production

Production, processing and/or distribution of food

Manufacturing

Medical devices, electronics, machinery, vehicles

Digital Services

Marketplace, search engines, social networks

Research

Research organizations

Size thresholds and classification

You fall under NIS2 if you are at least a medium-sized enterprise:

  • at least 50 employees, OR
  • turnover > EUR 10M AND total balance sheet > EUR 10M

The rule (Law 346/2004, art. 4): you remain a small enterprise only if you have fewer than 50 employees and do not exceed the financial threshold. Exceeding either criterion above makes you at least medium-sized — and therefore covered by NIS2. Micro and small enterprises are generally exempt — except for the cases below.

Essential vs. important (by size and sector):

  • Essential entities: large enterprises (250+ employees, or turnover > EUR 50M and balance sheet > EUR 43M) in Annex I sectors.
  • Important entities: medium-sized enterprises (50–249 employees) in Annex I, plus all medium or large entities in Annex II.

Covered regardless of size:

As essential entities: DNS service providers, TLD name registries, qualified trust service providers, central public administration and critical entities (Law 294/2024).

As important entities: providers of public electronic communications networks/services and non-qualified trust service providers.

Plus any entity individually designated by DNSC (art. 9), e.g. the sole provider of an essential service. Note: cloud, data centres, CDN, MSP and digital providers (marketplaces, search engines, social networks) are not “regardless of size” — they fall in via the normal threshold.

Sanctions Regime

Essential Entities

Minimum: 10,000 RON Maximum: 10 million EUR

or 2% of global annual turnover

Important Entities

Minimum: 5,000 RON Maximum: 7 million EUR

or 1.4% of global annual turnover

Personal liability of management (board/C-level). Mandatory training for leadership.

Not sure if your organization falls under NIS2?

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