# Minimum harmonisation — NIS2 — context bundle

> Focused context for a single provision, curated from overview.legal on 2026-08-22. Canonical page: https://overview.legal/laws/nis2/art-5
> Every item cites its source. Verify against the official text (EUR-Lex / wetten.overheid.nl) before relying on it.

## Provision

### Minimum harmonisation — Minimum harmonisation

*NIS2, nis2-art-5-en — https://overview.legal/laws/nis2/art-5*

This Directive shall not preclude Member States from adopting or maintaining provisions ensuring a higher level of cybersecurity, provided that such provisions are consistent with Member States’ obligations laid down in Union law.

## Related recitals

### Recital 142 — Union level cybersecurity subsidiarity justification

Since the objective of this Directive, namely to achieve a high common level of cybersecurity across the Union, cannot be sufficiently achieved by the Member States but can rather, by reason of the effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

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Generated by overview.legal · https://overview.legal/laws/nis2/art-5 · 2026-08-22