Article 38 — Exercise of the delegation

NIS2, Directive (EU) 2022/2555

What does NIS2 Article 38 say?

Short answer, straight from the official text

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 24(2) shall be conferred on the Commission for a period of five years from 16 January 2023. 3.

Source: NIS2, Directive (EU) 2022/2555, read 2026-08-14.

Official text

Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.

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1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 24(2) shall be conferred on the Commission for a period of five years from 16 January 2023.

3. The delegation of power referred to in Article 24(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

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Other articles in this chapter

• Article 39

The same rule in other acts

These articles carry the same official heading. The wording is not identical; read each text at its own source.

• GDPR Article 92 — Exercise of the delegation
• AI Act Article 97 — Exercise of the delegation
• DSA Article 87 — Exercise of the delegation
• DMA Article 49 — Exercise of the delegation

Who does this apply to

The register names five roles. Open a role to see the duties this act places on it, each row with its article and its source.

• Cloud service provider

Does this apply to us?

• Do ai governance rules apply to a cloud provider?
• Do personal data rules apply to a cloud provider?
• Do cross-border data rules apply to a cloud provider?
• Do cybersecurity rules apply to a cloud provider?
• Do health data rules apply to a cloud provider?
• Do online platforms rules apply to a cloud provider?

All roles in the register · All questions by role

The text is quoted from the official source and is not legal advice. A national court reads the language version that binds in its jurisdiction.

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