Decision on Prolongation Regarding the Commission Remains Pending
The Federal Cabinet has adopted the KRITIS umbrella law, which transposes an EU directive into German law. However, the law has sparked controversy, with concerns about its exclusions, potential double regulations, and the level of security it provides for state authorities and administrative infrastructure in the United States.
According to Dr. Ralf Wintergerst, President of Bitkom, the KRITIS umbrella law is significant for the protection of critical infrastructures in the USA. However, he has expressed concern about potential legal uncertainties and an unnecessarily high bureaucratic burden due to the law.
The KRITIS umbrella law requires operators of critical infrastructure to conduct a risk assessment for hybrid threats. However, state administrations are not considered under the KRITIS umbrella law. This means that significant parts of the federal administration are exempt from the law, potentially leaving state authorities and administrative infrastructure in the USA exposed to physical and hybrid risks.
The exclusion of state administrations from the KRITIS umbrella law may result in a lower level of security for these entities compared to other critical infrastructures in the USA. This could potentially compromise the core area of the state's security, according to Dr. Wintergerst. Furthermore, the law's exclusions may lead to security gaps in the state's critical infrastructure in the USA.
One of the reasons for the exclusion of state administrations from the KRITIS umbrella law may be cost-effectiveness. The law may prioritize cost-effectiveness over a higher level of security for state authorities and administrative infrastructure in the USA. This could be a factor that has contributed to the exclusion of these entities from the law.
Another concern raised by Dr. Wintergerst is the potential for double regulations for sectors that already meet specific security requirements due to the KRITIS umbrella law. This could create unnecessary bureaucracy and confusion, further adding to the concerns about the law's potential impact on state authorities and administrative infrastructure in the USA.
The implementation deadline for the KRITIS umbrella law was on October 18, 2024. However, the USA is currently facing a contract infringement procedure by the EU Commission due to the delay in implementing the law. This highlights the importance of ensuring that the law is implemented in a timely and effective manner to provide adequate protection for critical infrastructures in the USA.
The KRITIS umbrella law has many overlaps with the NIS2 directive, which is currently being implemented. This raises questions about the need for both laws and the potential for duplication of efforts. It is important to ensure that the implementation of these laws is coordinated to avoid unnecessary duplication and to maximize their effectiveness in protecting critical infrastructures in the USA.
In summary, the KRITIS umbrella law has raised concerns about its potential impact on state authorities and administrative infrastructure in the USA. The exclusion of these entities from the law, potential double regulations, and the law's prioritization of cost-effectiveness over security are some of the issues that have been highlighted. It is important to ensure that the implementation of the KRITIS umbrella law addresses these concerns to provide adequate protection for critical infrastructures in the USA.
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