Our new team member Paula Contreras will also present her research on the NIS Directive at the 37th BILETA Annual Conference. Her paper delves into the jurisdictional challenges that arise from the NIS Directive and identifies the shortcomings of the legal provisions on jurisdiction. It also advances the idea that the Directive ambiguities have given rise to significant inconsistencies in the transposition measures of the different Member States. She further assesses the amendments to the jurisdiction rules included in the NIS 2 Proposal and outlines the views expressed by different stakeholders during the public consultation that took place in 2021. Focussing on the notion of “main establishment” as a criterion to allocate jurisdiction in cross-border cases, she comparatively explores its evolution in other regulatory instruments applicable to digital services such as the GDPR and the DSA Proposal.
