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Version status: Entered into force | Document consolidation status: Updated to reflect all known changes
Version date: 16 January 2023 - onwards
Version 2 of 2

Article 32 Supervisory and enforcement measures in relation to essential entities

1. Member States shall ensure that the supervisory or enforcement measures imposed on essential entities in respect of the obligations laid down in this Directive are effective, proportionate and dissuasive, taking into account the circumstances of each individual case.

2. Member States shall ensure that the competent authorities, when exercising their supervisory tasks in relation to essential entities, have the power to subject those entities at least to:

(a) on-site inspections and off-site supervision, including random checks conducted by trained professionals;

(b) regular and targeted security audits carried out by an independent body or a competent authority;

(c) ad hoc audits, including where justified on the ground of a significant incident or an infringement of this Directive by the essential entity;

(d) security scans based on objective, non-discriminatory, fair and transparent risk assessment criteria, where necessary with the cooperation of the entity concerned;