In light of growing concerns over cybersecurity and evolving technology and operational practices, Ofcom (the independent regulator and competition authority for the UK communications industries) is seeking views on whether its existing guidance on network security should be revised.  Interested parties have until 21 February 2014 to respond.   Depending on the responses received, Ofcom intends to publish updated guidance during 2014. 

The main topics and questions in the consultation are:

  • Security and resilience vulnerabilities in the UK’s telecoms networks.  What are your views on emerging and potential future security and availability risks and whether they should be addressed in the revised guidance?  (Ofcom commissioned and has published alongside this consultation a report from Detica on these issues.)
  • Management of general security risks.  In relation to the obligations to manage general security risks, how should the guidance be revised to reflect issues such as ENISA’s Guidelines on security controls, supply chain management, the use of 3rd party data centres and applicability to smaller communication providers (“CPs”)?
  • Protecting end users.  How best can risks to end users be considered by CPs and appropriate security information be made available?
  • Protecting network availability.  Should Ofcom consider additional guidance in relation to network availability and the provision of related consumer information?
  • Incident reporting.  There are three questions here:
    • Would it be useful to clarify Ofcom’s expectations around reporting in the case of wholesale and “over the top” arrangements, and the need for CPs to maintain sufficient fault monitoring? 
    • What are your views on the appropriate thresholds for reporting incidents affecting customers of smaller CPs, mobile networks, data services and services suffering partial failures? 
    • What are your views on revising the current process for reporting significant incidents?

 The full consultation document is available here

 

Photo of Mark Young Mark Young

Mark Young, an experienced tech regulatory lawyer, advises major global companies on their most challenging data privacy compliance matters and investigations.

Mark also leads on EMEA cybersecurity matters at the firm. He advises on evolving cyber-related regulations, and helps clients respond to…

Mark Young, an experienced tech regulatory lawyer, advises major global companies on their most challenging data privacy compliance matters and investigations.

Mark also leads on EMEA cybersecurity matters at the firm. He advises on evolving cyber-related regulations, and helps clients respond to incidents, including personal data breaches, IP and trade secret theft, ransomware, insider threats, and state-sponsored attacks.

Mark has been recognized in Chambers UK for several years as “a trusted adviser – practical, results-oriented and an expert in the field;” “fast, thorough and responsive;” “extremely pragmatic in advice on risk;” and having “great insight into the regulators.”

Drawing on over 15 years of experience advising global companies on a variety of tech regulatory matters, Mark specializes in:

  • Advising on potential exposure under GDPR and international data privacy laws in relation to innovative products and services that involve cutting-edge technology (e.g., AI, biometric data, Internet-enabled devices, etc.).
  • Providing practical guidance on novel uses of personal data, responding to individuals exercising rights, and data transfers, including advising on Binding Corporate Rules (BCRs) and compliance challenges following Brexit and Schrems II.
    Helping clients respond to investigations by data protection regulators in the UK, EU and globally, and advising on potential follow-on litigation risks.
  • GDPR and international data privacy compliance for life sciences companies in relation to:
    clinical trials and pharmacovigilance;

    • digital health products and services; and
    • marketing programs.
    • International conflict of law issues relating to white collar investigations and data privacy compliance.
  • Cybersecurity issues, including:
    • best practices to protect business-critical information and comply with national and sector-specific regulation;
      preparing for and responding to cyber-based attacks and internal threats to networks and information, including training for board members;
    • supervising technical investigations; advising on PR, engagement with law enforcement and government agencies, notification obligations and other legal risks; and representing clients before regulators around the world; and
    • advising on emerging regulations, including during the legislative process.
  • Advising clients on risks and potential liabilities in relation to corporate transactions, especially involving companies that process significant volumes of personal data (e.g., in the adtech, digital identity/anti-fraud, and social network sectors.)
  • Providing strategic advice and advocacy on a range of EU technology law reform issues including data privacy, cybersecurity, ecommerce, eID and trust services, and software-related proposals.
  • Representing clients in connection with references to the Court of Justice of the EU.