Commission Implementing Regulation (EU) 2018/151Show full title

Article 3 U.K. Parameters to be taken into account to determine whether the impact of an incident is substantial

1. With regard to the number of users affected by an incident, in particular users relying on the service for the provision of their own services referred to in [F1 regulation 12(7)(a)(i) of the NIS Regulations], the [F2 RDSP] shall be in a position to estimate either of the following:

(a) the number of affected natural and legal persons with whom a contract for the provision of the service has been concluded; or

(b) the number of affected users having used the service based in particular on previous traffic data.

2. The duration of an incident referred to in [F3 regulation 12(7)(a)(ii) of the NIS Regulations] means the time period from the disruption of the proper provision of the service in terms of availability, authenticity, integrity or confidentiality until the time of recovery.

3. As far as the geographical spread with regard to the area affected by the incident referred to in [F4 regulation 12(7)(a)(iii) of the NIS Regulations] is concerned, the [F2 RDSP] shall be in a position to identify whether the incident affects the provision of its services in specific [F5 areas of the United Kingdom].

4. The extent of disruption of the functioning of the service referred to in [F6 regulation 12(7)(a)(iv) of the NIS Regulations] shall be measured as regards one or more of the following characteristics impaired by an incident: the availability, authenticity, integrity or confidentiality of data or related services.

5. With regard to the extent of the impact on economic and societal activities referred to in [F7 regulation 12(7)(a)(v) of the NIS Regulations], the [F2 RDSP] shall be able to conclude, based on indications such as the nature of his contractual relations with the customer or, where appropriate, the potential number of affected users, whether the incident has caused significant material or non-material losses for the users such as in relation to health, safety or damage to property.

6. For the purpose of paragraph 1, 2, 3, 4 and 5, the [F8 RDSPs] shall not be required to collect additional information to which they do not have access.

Textual Amendments

F1 Words in Art. 3(1) substituted (20.1.2021) by The Network and Information Systems (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/653), reg. 1(2), Sch. para. 14(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in Regulation substituted (20.1.2021) by The Network and Information Systems (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/653), Sch. para. 14(2); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 3(2) substituted (20.1.2021) by virtue of The Network and Information Systems (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/653), reg. 1(2), Sch. para. 14(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 3(3) substituted (20.1.2021) by The Network and Information Systems (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/653), reg. 1(2), Sch. para. 14(6)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 3(3) substituted (12.1.2022) by The Network and Information Systems (EU Exit) (Amendment) Regulations 2021 (S.I. 2021/1461), regs. 1, 4(3)

F6 Words in Art. 3(4) substituted (20.1.2021) by The Network and Information Systems (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/653), reg. 1(2), Sch. para. 14(6)(d); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 3(5) substituted (20.1.2021) by The Network and Information Systems (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/653), reg. 1(2), Sch. para. 14(6)(e); 2020 c. 1, Sch. 5 para. 1(1)

F8 Word in Regulation substituted (20.1.2021) by The Network and Information Systems (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/653), Sch. para. 14(3); 2020 c. 1, Sch. 5 para. 1(1)