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Communications Act 2003

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Communications Act 2003, Section 105B is up to date with all changes known to be in force on or before 19 August 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1105B.[F2Requirement to notify OFCOM of security breach][F2Duty to take specified security measures]U.K.
This section has no associated Explanatory Notes

[F2(1)A network provider must notify OFCOM

(a)of a breach of security which has a significant impact on the operation of a public electronic communications network, and

(b)of a reduction in the availability of a public electronic communications network which has a significant impact on the network.

(2)A service provider must notify OFCOM of a breach of security which has a significant impact on the operation of a public electronic communications service.

(3)If OFCOM receive a notification under this section, they [F3may], where they think it appropriate, notify—

(a)the regulatory authorities in F4... member States, and

(b)the European Network and Information Security Agency (“ENISA”).

(4)OFCOM may also inform the public of a notification under this section, or require the network provider or service provider to inform the public, if OFCOM think that it is in the public interest to do so.

(5)OFCOM must prepare an annual report summarising notifications received by them under this section during the year, and any action taken in response to a notification.

(6)A copy of the annual report [F5may] be sent to the European Commission and to ENISA.]

[F2(1)The Secretary of State may by regulations provide that the provider of a public electronic communications network or a public electronic communications service must take specified measures or measures of a specified description.

(2)A measure or description of measure may be specified only if the Secretary of State considers that taking that measure or a measure of that description would be appropriate and proportionate for a purpose mentioned in section 105A(1).

(3)In this section “specified” means specified in the regulations.

(4)Nothing in this section or regulations under it affects the duty imposed by section 105A.]]

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