The NIS Directive will continue to apply in the UK after the UK exits the EU. Under the NIS Directive, a digital service provider that is not established in the EU, but offers services within the EU, is required to designate a representative in an EU Member State where they offer services. While the United Kingdom is a member of the EU, it is currently not necessary for these providers to designate a representative in any other EU Member State.
When the UK departs the EU, digital service providers established in the UK that offer services in another EU Member State may be required to designate a representative in an EU Member State. As of December 2018, it is unknown whether this will be required, and will depend on the future agreements with each EU Member State.
We have set out the steps relevant digital service providers should take to prepare for a no deal scenario in the attached guidance.
For questions regarding the guidance, digital service providers can contact DCMS at email@example.com
Digital service providers who are affected should contact the ICO. You may also like to review the following guidance published by the Information Commissioner’s Office (ICO):
ICO’s guidance on no deal EU Exit
ICO’s guide to the NIS Regulations