Recital 96

Recital 96

Directive on the security of network and information systems · UE 2022/2555

(96)

Given the growing importance of number-independent interpersonal communications services as defined in Directive (EU) 2018/1972, it is necessary to ensure that such services are also subject to appropriate security requirements in view of their specific nature and economic importance. As the attack surface continues to expand, number-independent interpersonal communications services, such as messaging services, are becoming widespread attack vectors. Malicious perpetrators use platforms to communicate and attract victims to open compromised web pages, therefore increasing the likelihood of incidents involving the exploitation of personal data, and, by extension, the security of network and information systems. Providers of number-independent interpersonal communications services should ensure a level of security of network and information systems appropriate to the risks posed. Given that providers of number-independent interpersonal communications services normally do not exercise actual control over the transmission of signals over networks, the degree of risks posed to such services can be considered in some respects to be lower than for traditional electronic communications services. The same applies to interpersonal communications services as defined in Directive (EU) 2018/1972 which make use of numbers and which do not exercise actual control over signal transmission.

Luxembourg specificity
loi du 28 juillet 2023 relative a la cybersecurite, modifiee par la loi du 28 juillet 2025

In Luxembourg, the ILR (Institut Luxembourgeois de Regulation) is the competent authority for both electronic communications (law of 17 December 2021) and NIS 2 cybersecurity (law of 28 July 2023 amended on 28 July 2025). This duality gives the ILR an integrated view of messaging providers established in the Grand Duchy: the same regulator assesses both your status under Directive 2018/1972 and your qualification as essential or important entity under NIS 2.

Luxgap practice: we recommend Luxembourg messaging vendors to request an early scoping meeting with the ILR to clarify their qualification, rather than waiting for an ex officio notification that automatically triggers full obligations.