NIS2 Netherlands 2026: A Complete Guide for the Education industry

The Dutch education sector is facing a major shift in cybersecurity. In particular, new legislation is driving this change. 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 face strict digital security obligations. As a result, cybersecurity is becoming a board-level issue. This article explains what the legislation means and how institutions 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. Its goal is to strengthen cyber resilience across the EU. To that end, the Netherlands is transposing NIS2 into national law through the Cybersecurity Act. This law 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 under the Cybersecurity Act. This decision has not been without debate. In fact, the education sector raised objections. Universities of the Netherlands, the Association of Universities of Applied Sciences, the MBO Council, and SURF all expressed concerns.

Nevertheless, the decision is understandable from a resilience perspective. Educational institutions process large volumes of sensitive data. Moreover, they are essential to the knowledge economy. In addition, they play a key role in education and research continuity. A cyberattack can therefore have far-reaching consequences. It may disrupt academic progress for thousands of students. At the same time, valuable research data and intellectual property may be compromised.

What are the key obligations for educational institutions?

The Cybersecurity Act imposes several obligations on higher education institutions. These obligations can be grouped into distinct categories.

Risk management and technical measures

First, institutions must take appropriate and proportionate cybersecurity measures. This includes implementing incident response plans. It also requires business continuity and crisis management arrangements. Furthermore, supply chain and supplier risks must be addressed. In addition, network and information systems must be secured. Finally, regular risk analyses are required.

Incident reporting obligation

One of the most concrete requirements is incident reporting. Educational institutions must report cybersecurity incidents to the Netherlands Authority for Digital Infrastructure (RDI). This applies to confirmed incidents. It also applies to near misses that could pose a significant risk.

Registration obligation

Organizations subject to the Cybersecurity Act must register with the RDI. To support this process, the Dutch government has developed assessment tools. These tools help institutions determine whether they fall within scope. They also facilitate registration.

Board-level liability

A major change compared to previous legislation is personal board liability. Management is explicitly responsible for compliance. Boards must also demonstrate approval of cybersecurity measures. If negligence occurs, administrative fines may follow. In addition, reputational damage is a realistic risk.

Training obligation

Board members are also subject to a training obligation. Within two years after the law enters into force, they must acquire sufficient cybersecurity knowledge. This ensures informed oversight and accountability.

Timeline and implementation phases

The education sector will receive some flexibility. Unlike other sectors, implementation will be phased. Governance and duty-of-care obligations will not 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
• Phased implementation: governance and duty-of-care obligations
• 2028: final deadline for board-level training

Practical preparation steps for educational institutions

Educational institutions should not wait. Early preparation is essential.

Step 1: Assess your current cybersecurity posture

Start with a comprehensive cybersecurity audit. Identify critical systems first. Then assess vulnerabilities. Finally, compare current measures with NIS2 requirements.

Step 2: Map your supplier risks

NIS2 places strong emphasis on supply chain security. Educational institutions rely heavily on external suppliers. These include student administration systems, learning platforms, and research databases. A failure at one supplier can immediately affect education continuity.

This is where escrow becomes relevant. A structured escrow arrangement safeguards critical software and data. As a result, institutions retain access if a supplier fails. This supports both risk management and NIS2 continuity requirements.

Step 3: Develop an incident response plan

Next, create a clear incident response plan. This plan should cover detection, response, and recovery. It must also align with Cybersecurity Act reporting obligations.

Step 4: Invest in board-level cybersecurity knowledge

At the same time, train board members and senior management. This anticipates legal requirements. Moreover, it strengthens the overall security culture.

Step 5: Register in a timely manner

Finally, register with the RDI once the module is available. This prevents time pressure later.

Challenges specific to the education sector

The education sector faces distinct challenges. Limited resources are common. Budget constraints and IT capacity shortages complicate investments. In addition, IT environments are often complex. Legacy systems and decentralization increase risk. International collaboration adds another layer of complexity. Data is frequently exchanged across borders. Finally, academic openness can conflict with strict security controls.

Protection of intellectual property and research data

Protecting research data is a key priority. Universities manage highly valuable intellectual property. This includes medical and technological innovations.

To protect these assets, several measures are necessary. Data escrow can ensure long-term availability. Independent third-party storage reduces risk. Strict access controls are essential. Encryption must be applied consistently. In addition, robust backup and recovery strategies are required.

The role of escrow in NIS2 compliance

For institutions relying on critical applications, escrow is highly relevant. These applications include student systems, digital learning platforms, and research databases.

A professional escrow arrangement ensures several things. Source code and documentation are securely stored. SaaS applications remain operable if suppliers fail. Critical data stays accessible during crises. Business continuity requirements under NIS2 are therefore directly supported.

For institutions with limited resources, escrow is efficient. It mitigates supplier risk without requiring full operational takeover.

Conclusion: preparation is essential

The Cybersecurity Act marks a paradigm shift for Dutch higher education. Although it is not yet in force, waiting is not an option. The obligations are complex. Board liability is real. Potential fines are significant.

By starting early, institutions can reduce risk. Thorough assessments are essential. Robust security measures are required. Continuity safeguards such as escrow add resilience. In doing so, institutions protect themselves. At the same time, they protect students, staff, and valuable research outcomes.