Legal background
- The existing legal framework for the regulation of telecommunications is primarily set out in Part 2 of the 2003 Act. This implemented the European common regulatory framework for electronic communications, which comprised a set of four EU directives (the Framework Directive (2002/21/EC), the Access Directive (2002/19/EC), the Authorisation Directive (2002/20/EC) and the Universal Service Directive (2002/22/EC)).
- Those directives are replaced by Directive (EU) 2018/1972 establishing the European Electronic Communications Code ("the EECC Directive"). The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020/1419, which implement the EECC Directive, have been approved by both Houses of Parliament.
- The Act replaces the existing legal framework relating to the security of public electronic communications networks and services under sections 105A to 105D of the 2003 Act. These sections were inserted in 2011 to implement Articles 13a and 13b of the Framework Directive (as amended by Directive 2009/140/EC).
- Other related legislation includes the Privacy and Electronic Communications (EC Directive) Regulations 2003/2426 (as amended) which contain certain provisions relating to the security of public electronic communications services insofar as relevant to the processing of personal data in the electronic communications sector.
- The Network and Information Systems Regulations 2018/506 (as amended) make provision about the security of ‘network and information systems’ on which ‘essential services’ in various critical sectors depend. The regulations implemented Directive (EU) 2016/1148, which was itself modelled on Articles 13a and 13b of the Framework Directive. Providers of public electronic communications networks and public electronic communications services therefore fall outside the scope of these regulations, but Ofcom regulates the ‘digital infrastructure’ sector which consists of domain name system (DNS) services, domain name registries and internet exchange points.
