Article 3 1

(a)

the incident has caused or is capable of causing direct financial loss for the relevant entity that exceeds EUR 500 000 or 5 % of the relevant entity’s total annual turnover in the preceding financial year, whichever is lower;

(b)

the incident has caused or is capable of causing the exfiltration of trade secrets as set out in Article 2 point (1), of Directive (EU) 2016/943 of the relevant entity;

(c)

the incident has caused or is capable of causing the death of a natural person;

(d)

the incident has caused or is capable of causing considerable damage to a natural person’s health;

(e)

a successful, suspectedly malicious and unauthorised access to network and information systems occurred, which is capable of causing severe operational disruption;

(f)

the incident meets the criteria set out in Article 4;

(g)

the incident meets one or more of the criteria set out in Articles 5 to 14.