Proposal hailing ICT incidents vital services going to Lower House

Jan

22

2016

The Bill computing and hailing cybersecurity was presented to the Lower House. The proposal obliges providers of vital services and products to report serious’ ICT violations to the State Secretary of Security and Justice.

According to the explanatory memorandum will then NCSC notification pending. The press release further states that the obligation to report applies to sectors such as energy, water, telecommunications, transport and finance. Companies and government organizations in this sector must make a disclosure if the availability or reliability of their services at issue is due to a breach of the computer systems or by other types of ‘ICT Infringement. The reporting requirement does not apply to DDoS attacks, because “there is no deterioration of a system ‘and’ because of the relatively simple nature” of such an attack.

When reporting confidential information remains secret, so that the NCSC can use the data to carry out its duties and to ensure that, for example reputational damage or harm to the competitive position of the affected companies is limited as much as possible. The reporting requirement in this bill’s primary goal is to help by enabling the NCSC and to determine the impact of a breach. The reporting obligation is wider than existing reporting requirements. For example, if a data breach will also have to be reported to the Authority for Personal Data upon an Internet attack on a vital service, personal data are captured.

The bill has its origins in the fact that in 2011, at the time of the DigiNotar -affaire, no such legislation was present. In the meantime, there is also an internet consultation held, it closed on March 6, 2015.

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