# Who decides whether our company is in NIS2 scope?

In most countries you assess it yourself first, against the criteria in your national law, and the authority can confirm or correct the result. NIS2 sets the framework: sector and entity type in Annex I or II, size under the EU definition, and the exceptions that apply regardless of size (Article 2). Member States must draw up a list of essential and important entities (Article 3(4)) and, in practice, usually rely on companies to register themselves; some also notify companies they consider in scope. In Germany, the BSI can register an entity itself if it fails to do so (section 33(3) BSIG). So document your assessment: activities, sector mapping, group figures, the conclusion and who signed it off. If the result is unclear, ask the national authority or a lawyer. A vendor cannot make this decision for you.

General information, not legal advice. National laws can add to the EU texts quoted here, for example deadlines, forms or reporting channels: check your own country's rules.

FAQ: [NIS2 scope and duties](https://netsenx.com/en/faq/nis2) · https://netsenx.com/en/faq/who-decides-whether-we-are-in-nis2-scope

## Read next

- https://netsenx.com/en/nis2-network-monitoring
- https://netsenx.com/en/nis2-incident-reporting-deadlines

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