ANACOM approved on 29 December 2016 a draft regulation on the security and integrity of electronic communications networks and services.
This draft regulation aims to establish:
a) The technical implementing measures and additional requirements which companies providing public communications networks or publicly available electronic communications services must meet with respect to security and integrity, for the purpose of article 54-A and as set out in paragraph 1 of article 54-C and in article 54-D of the Electronic Communications Lawhttps://www.anacom.pt/render.jsp?contentId=975162 (ECL), as laid down in Title II of the draft regulation;
b) Circumstances, format and procedures applicable to notification requirements concerning breach of security or loss of integrity of networks with a significant impact on the operation of networks or services by companies providing public communications networks or publicly available electronic communications services, under article 54-B and paragraph 2 of article 54-C of ECL, as laid down in Chapter I of Title III of the draft regulation;
c) Conditions under which companies providing public communications networks or publicly available electronic communications services are required to inform the public of any breach of security or loss of integrity of networks with a significant impact on the operation of networks or services, under paragraph b) article 54-E of ECL, as laid down in Chapter II of Title III of the draft regulation;
d) Obligations concerning the performance of audits to the security of networks and services and to submit the respective reports that fall on companies providing public communications networks or publicly available electronic communications services, as well as requirements with which audits and auditors must comply, under paragraphs 1 and 2 of article 54-F of ECL, as laid down in Title IV of the draft regulation.
As regards matters referred to in points c) and d), this Authority intends to integrate in this regulation provisions which reflect measures already completed under ANACOM decision of 12 December 2013https://www.anacom.pt/render.jsp?contentId=1186180, as amended by ANACOM decision of 8 January 2014https://www.anacom.pt/render.jsp?contentId=1186986, the implementation of which is deemed to have taken place in an effective and consensual manner, thereby joining and strengthening in a single instrument, for the sake of transparency and legal certainty, a sufficiently well-structured set of conditions on the security and integrity of networks and services.
This draft regulation was submitted to a public consultation, under article 10 of ANACOM’s Statutes and articles 98 et seq of the Administrative procedure Code, for the purpose of article 8 and, in particular, paragraph 4 of article 54-C of the Electronic Communications Law.
The publication of the draft regulation in Series II of the Official Gazette was also determined, whereby a 30-day time-limit runs as from this date for stakeholders to comment on the matter, in writing and in Portuguese.
Consult:
- Approval of a draft regulation on the security and integrity of electronic communications networks and services https://www.anacom.pt/render.jsp?contentId=1402961
See also:
- Consultation on the draft regulation on the security and integrity of electronic communications networks and services https://www.anacom.pt/render.jsp?contentId=1402456
