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Changes over time for: Section 105B
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Version Superseded: 31/12/2020
Status:
Point in time view as at 01/11/2020. This version of this provision has been superseded.
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Changes to legislation:
Communications Act 2003, Section 105B is up to date with all changes known to be in force on or before 28 February 2025. 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.
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Changes to Legislation
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[105B.Requirement to notify OFCOM of security breachU.K.
This section has no associated Explanatory Notes
(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 must, where they think it appropriate, notify—
(a)the regulatory authorities in other 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 must be sent to the European Commission and to ENISA.]
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