According to the National Institute of Standards and Technology (NIST), a violation refers to a “violation or imminent threat of violation of computer security policies, acceptable use policies, or standard security practices.” This definition is critical in the context of cybersecurity and information assurance, particularly in fields that manage sensitive data, including intelligence and national security.
NIST-Defined Violation Penalties
The NIST definition underscores the importance of adhering to established security protocols to protect classified information and highlights the seriousness of any incident that compromises the integrity of computer systems and the data they contain.
FISMA Compliance Violation Penalties
In the context of Federal Information Security Management Act (FISMA) compliance, violations can result in penalties, including:
- Censure
- Loss of work for agency employees
NIS2 Directive Violation Penalties
The NIS2 Directive sets out specific penalties for non-compliance, including:
- Administrative sanctions for breach of cybersecurity risk management and reporting obligations
- Fines for essential entities, with a maximum level of at least €10,000,000 or 2% of global annual revenue, whichever is higher
- Fines for important entities, with a maximum level of at least €7,000,000 or 1.4% of global annual revenue, whichever is higher
Civil Penalties
In cases of non-compliance with export regulations, civil penalties can include:
- Loss of export privileges
- Fines up to $250,000 per violation or up to twice the value of the export
It is essential for organizations to understand these penalties and take proactive measures to ensure compliance with NIST, FISMA, and NIS2 directives to avoid severe consequences.