Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Security of public electronic communications networks and services

Duty to take specified measures in response to security compromise
105D
1
The Secretary of State may by regulations provide that, where a security compromise of a specified description occurs in relation to a public electronic communications network or a public electronic communications service, the provider of the network or service must take specified measures or measures of a specified description.
2
A measure or description of measure may be specified under subsection (1) only if the Secretary of State considers that taking that measure or a measure of that description would be appropriate and proportionate for the purpose of preventing adverse effects (on the network or service or otherwise) arising from a security compromise of the specified description.
3
The Secretary of State may by regulations provide that, where a security compromise occurs in relation to a public electronic communications network or a public electronic communications service and has an adverse effect of a specified description on the network or service, the provider of the network or service must take specified measures or measures of a specified description.
4
A measure or description of measure may be specified under subsection (3) only if the Secretary of State considers that taking that measure or a measure of that description would be appropriate and proportionate for the purpose of remedying or mitigating an adverse effect of the specified description.
5
In this section “
specified
” means specified in the regulations.
6
Nothing in this section or regulations under it affects the duty imposed by section 105C.
Ss. 105A-105D and cross-heading inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 65 (with Sch. 3 para. 2)
Ss. 105A, 105B substituted for ss. 105A-105D and ss. 105C, 105D re-inserted (17.11.2021 for specified purposes, 1.10.2022 in so far as not already in force) by Telecommunications (Security) Act 2021 (c. 31), ss. 1(2), 2, 28(1)(a); S.I. 2022/931, reg. 2(a)