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The Network and Information Systems Regulations 2018

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Enforcement for breach of duties

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17.—(1) The designated competent authority for an OES may serve an enforcement notice upon that OES if the competent authority has reasonable grounds to believe that the OES has failed to—

(a)fulfil the security duties under regulation 10(1) and (2);

(b)notify a NIS incident under regulation 11(1);

(c)comply with the notification requirements stipulated in regulation 11(3);

(d)notify an incident as required by regulation 12(9);

(e)comply with an information notice issued under regulation 15; or

(f)comply with—

(i)a direction given under regulation 16(1)(c), or

(ii)the requirements stipulated in regulation 16(3).

(2) The Information Commissioner may serve an enforcement notice upon a RDSP if the Commissioner has reasonable grounds to believe that the RDSP has failed to—

(a)fulfil its duties under regulation 12(1) or (2);

(b)notify an incident under regulation 12(3);

(c)comply with the notification requirements stipulated in regulation 12(5);

(d)comply with a direction made by the Information Commissioner under regulation 12(12);

(e)comply with an information notice issued under regulation 15; or

(f)comply with—

(i)a direction given under regulation 16(2)(c), or

(ii)the requirements stipulated in regulation 16(3).

(3) An enforcement notice that is served under paragraph (1) or (2) must be in writing and must specify the following—

(a)the reasons for serving the notice;

(b)the alleged failure which is the subject of the notice;

(c)what steps, if any, must be taken to rectify the alleged failure and the time period during which such steps must be taken; and

(d)how and when representations may be made about the content of the notice and any related matters.

(4) If the relevant competent authority or Information Commissioner is satisfied that no further action is required, having considered—

(a)the representations submitted in accordance with paragraph (3)(d); or

(b)any steps taken to rectify the alleged failure;

it must inform the OES or the RDSP, as the case may be, in writing, as soon as reasonably practicable.

(5) The OES or RDSP may request reasons for a decision to take no further action under paragraph (4) within 28 days of being informed of that decision.

(6) Upon receipt of a request under paragraph (5), the relevant competent authority or Information Commissioner must provide written reasons for a decision under paragraph (4) within a reasonable time and in any event no later than 28 days.

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