NIS2 Netherlands 2026: A Complete Guide for the Education industry

The Dutch education sector is facing a major shift in the field of cybersecurity. With the introduction of the Cybersecurity Act (Cyberbeveiligingswet, Cbw) in 2026, the Dutch implementation of the European NIS2 Directive, universities and universities of applied sciences will be subject to strict obligations regarding digital security. This article explains exactly what this legislation means for educational institutions and how they can prepare.

What is the NIS2 Directive and why does education fall within its scope?
The Network and Information Security Directive 2 (NIS2) is a European directive adopted at the end of 2022 to strengthen cyber resilience and digital security across the EU. The Netherlands is transposing this directive into national law through the Cybersecurity Act, which is expected to enter into force in the second quarter of 2026.

Education as a critical sector
The Minister of Education, Bruins, has decided that universities and universities of applied sciences fall within the scope of the Cybersecurity Act. This decision has not been without controversy. The education sector itself has objected, with Universities of the Netherlands, the Association of Universities of Applied Sciences, the MBO Council, and SURF expressing their concerns.

Nevertheless, the decision is understandable from the perspective of digital resilience. Educational institutions manage sensitive data of students and staff, are essential to the knowledge economy, and play a crucial role in the continuity of education and research. A cyberattack on a university can disrupt the academic progress of thousands of students and put valuable research data and intellectual property at risk.

What are the key obligations for educational institutions?
The Cybersecurity Act imposes several obligations on universities and universities of applied sciences, which can be divided into different categories.

Risk management and technical measures
Educational institutions must take “appropriate and proportionate measures” to manage cybersecurity risks. This includes implementing incident response plans, ensuring business continuity and crisis management, securing the supply chain and supplier relationships, applying security measures to network and information systems, and regularly conducting risk analyses.

Incident reporting obligation
One of the most concrete obligations is the duty to report incidents. Educational institutions must report cybersecurity incidents to the Netherlands Authority for Digital Infrastructure (RDI). This applies to both actual incidents and near misses that could pose a significant risk.

Registration obligation
Organizations that fall under the Cybersecurity Act must register with the RDI. The Dutch government has developed tools that allow institutions to determine whether they fall within the scope of the law and to complete the registration process.

Board-level liability
An important difference compared to previous legislation is the personal liability of board members. The management of educational institutions is responsible for compliance with the law and must be able to demonstrate approval of the cybersecurity measures taken. Negligence may lead to administrative fines and reputational damage.

Training obligation
Board members are subject to a training obligation. Within two years after the law enters into force, they must acquire the necessary knowledge and skills to fulfill their cybersecurity responsibilities.

Timeline and implementation phases
The education sector will be granted some flexibility in implementation. Based on current information, there will be an implementation period for governance and duty-of-care obligations for education, unlike other sectors where these obligations apply immediately.

The expected timeline is as follows.
Second quarter of 2026: entry into force of the Cybersecurity Act.
Immediately applicable: registration and incident reporting obligations.
Phased implementation: governance and duty-of-care obligations for education.
2028: final deadline for completion of the board-level training obligation.

Practical preparation steps for educational institutions
Educational institutions cannot afford to wait until the law takes effect. It is essential to start preparing now.

Step 1: Assess your current cybersecurity posture
Begin with a thorough cybersecurity audit. Identify which systems are critical, where vulnerabilities exist, and how current security measures compare to NIS2 requirements.

Step 2: Map your supplier risks
The NIS2 Directive places strong emphasis on supply chain security. Educational institutions are often dependent on external software and SaaS providers for critical systems such as student administration, learning platforms, and research databases. A disruption at one of these suppliers can directly affect the continuity of education.

This is where a well-structured escrow arrangement plays an important role. By safeguarding critical software and data in an escrow setup, institutions ensure continued access to essential systems even if a supplier goes bankrupt or fails to meet its obligations. This is not only sound risk management, but also directly supports compliance with NIS2 continuity requirements.

Step 3: Develop an incident response plan
Create a comprehensive plan for detecting, responding to, and recovering from cybersecurity incidents. Ensure that this plan meets the reporting requirements of the Cybersecurity Act.

Step 4: Invest in board-level cybersecurity knowledge
Start training board members and senior management in cybersecurity now. This not only anticipates future legal requirements but also strengthens the overall security culture of the organization.

Step 5: Register in a timely manner
Once the registration module becomes available, register your institution with the RDI. This helps avoid time pressure once the law enters into force.

Challenges specific to the education sector
The education sector faces unique challenges in achieving NIS2 compliance. Limited resources are a common issue, as many institutions face budget constraints and limited IT capacity, making NIS2-related investments financially challenging. IT environments are often complex, with historically grown landscapes that include legacy systems, multiple platforms, and a high degree of decentralization. International collaboration adds complexity, as higher education institutions frequently exchange data with international partners operating under different regulatory regimes. Finally, the culture of academic freedom and openness can be at odds with strict security protocols.

Protection of intellectual property and research data
A key area of focus for higher education institutions is the protection of research data and intellectual property. Universities often manage extremely valuable research outcomes, ranging from medical breakthroughs to technological innovations.

When securing these assets, institutions should consider data escrow for critical research results, ensuring long-term continuity through storage with an independent third party. Strict access control and encryption are essential to limit who can access sensitive research data. Robust backup and recovery strategies are also necessary to prevent data loss and enable rapid recovery after incidents.

The role of escrow in NIS2 compliance
For educational institutions that depend on critical software applications such as student administration systems, digital learning environments, and research databases, escrow can be an essential component of an NIS2 compliance strategy.

A professional escrow arrangement ensures that source code and technical documentation are securely stored with an independent, ISO 27001-certified party, that SaaS applications can be taken over or continued if a supplier fails, that critical data remains available and accessible even in crisis situations, and that continuity is ensured, directly supporting NIS2 business continuity requirements.

For institutions with limited resources that must still meet the stringent requirements of the Cybersecurity Act, a well-designed escrow arrangement offers an efficient way to mitigate supplier risks without having to take full operational responsibility for complex systems.

Conclusion: preparation is essential
The introduction of the Cybersecurity Act in 2026 represents a paradigm shift for universities and universities of applied sciences in the Netherlands. Although the law has not yet entered into force, educational institutions cannot afford to wait. The complexity of the obligations, board-level liability, and potential fines make early preparation essential.

By conducting a thorough risk assessment, implementing robust security measures, and setting up continuity safeguards such as escrow arrangements, educational institutions can not only prepare for legal compliance but also fundamentally strengthen their digital resilience. This protects not only the institution itself, but also students, staff, and the valuable knowledge and research outcomes they manage.