Annex 1: transport
- Air: airlines for commercial purposes, airport managing bodies and air traffic control
- Rail: infrastructure managers and railway undertakings, including operators of service facilities
- Water: water transport companies (inland, coastal and sea transport) of passengers and freight, port authorities, entities operating works and equipment contained within ports [6], and operators of vessel traffic services
- Road: road authorities responsible for traffic management and operators of intelligent transport systems
This is in Annex 1 [1]. A carrier of goods or persons by road is not in it.
Annex 2: postal and courier services
Providers of postal services, including courier services, fall under Annex 2 if they provide at least one step of the postal delivery chain. Transport apart from those steps is excluded [2].
Annex 2: food and chemicals
Wholesale of food and the manufacture or distribution of chemical substances or mixtures are also in Annex 2 [4]. This concerns companies that carry out that activity themselves; transport or storage for someone else alone, as a rule, does not fall under it.
Digital service providers in the chain
If you supply managed IT services or security services to other companies, you are in Annex 1 under "ICT service management (business-to-business)" [3].
Size also counts
As a rule only medium-sized and large enterprises fall under it. For the sectors on this page a smaller company falls under it only if it has been designated as a critical entity under the Wet weerbaarheid kritieke entiteiten (Dutch Critical Entities Resilience Act) [7], if the minister designates it as an essential entity [5], or if before 16 January 2023 it was designated under the Wet beveiliging netwerk- en informatiesystemen (Wbni, the former Dutch network and information systems security act) as a provider of an essential service and the minister designates it as an essential entity [8].
It does not count for size that governments together control 25% or more of the capital or the voting rights. Under the SME definition such an enterprise is as a rule not an SME [11], but that rule does not apply to the Cbw [9] [10]. So for a port or rail company in government hands too, the number of persons employed, the turnover and the balance sheet total decide. See the question on essential and important entities.
Sector-specific EU rules
If a sector-specific EU legal act prescribes cybersecurity measures that are at least equivalent to the duty of care, Article 21 of the Cbw does not apply to you. Equivalent means: at least a comparable elaboration [12]. For the reporting duty (Articles 25 to 30) the same applies if such a legal act contains an at least equivalent reporting duty for significant incidents. Among other things, the CSIRT, the competent authority or the single point of contact must have immediate access to the notifications [13]. The act does not name those legal acts. Whether there is an equivalent one for your subsector, you check with your competent authority.