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

 

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Photo of Mark Young Mark Young

Mark Young is an experienced tech regulatory lawyer and a vice-chair of Covington’s Data Privacy and Cybersecurity Practice Group. He advises major global companies on their most challenging data privacy compliance matters and investigations. Mark also leads on EMEA cybersecurity matters at the…

Mark Young is an experienced tech regulatory lawyer and a vice-chair of Covington’s Data Privacy and Cybersecurity Practice Group. He advises major global companies on their most challenging data privacy compliance matters and investigations. Mark also leads on EMEA cybersecurity matters at the firm. In these contexts, he has worked closely with some of the world’s leading technology and life sciences companies and other multinationals.

Mark has been recognized for several years in Chambers UK as “a trusted adviser – practical, results-oriented and an expert in the field;” “fast, thorough and responsive;” “extremely pragmatic in advice on risk;” “provides thoughtful, strategic guidance and is a pleasure to work with;” has “great insight into the regulators;” and “is technologically sophisticated and advises on true issues of first impression, particularly in the field of AI.”

Drawing on over 20 years of experience, Mark specializes in:

Providing practical guidance and advising on potential exposure under GDPR and international data privacy laws in relation to innovative products and services.
Handling complex regulatory investigations and enforcement actions involving data privacy regulators in the UK, EU and globally, and advising on follow-on litigation risk.
Helping clients respond to cybersecurity incidents, including ransomware, supply chain incidents, state-sponsored attacks, insider threats, personal data breaches, and IP and trade secret theft.
Advising various clients on the EU NIS2 Directive, Cyber Resilience Act (CRA), and other emerging EU, UK, and global cybersecurity laws and regulations.
Advising life sciences companies on industry-specific data privacy issues, including clinical trials, pharmacovigilance, and digital health products and services.
Advising on data privacy compliance in relation to employees and international transfers of data in connection with white collar investigations.
Providing strategic advice and advocacy on a range of UK and EU technology law reform issues relating to data privacy, cybersecurity, eIDs, and software.
Representing clients in connection with references to the Court of Justice of the EU.