Cybersecurity Law: Security of Electronic Communications Services
Loi n° 26-2020 du 5 juin 2020 relative à la cybersécurité, article 20
In force.
A sector security regimes rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Security, Disclosure
As of .
What it requires
- This binds a network operator and a provider of electronic communications services (reached by declaring that you provide telecom services).
- Take all useful technical and administrative measures to guarantee the security of the services you offer (Article 20).
- Inform your users of the dangers of using your networks, of the particular security-violation risks (denial of service, abnormal re-routing, unusual traffic and ports, passive and active eavesdropping, intrusions and any other risk), and where applicable that no technical means exist to secure their communications (Article 20).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureNo
Private right of actionNo
Criminal exposure note
Article 39 refers the Law's infractions to the penal code and to the law relating to the fight against cybercrime; Article 20 itself states no penalty.
Who enforces it
Settledness
- As of
- Open questions
- Has the electronic communications regulator or the agency issued technical rules specifying the measures Article 20 requires of a network operator?
What this law does
Article 20 requires those who run electronic communications networks, in the text's words the "opérations des réseaux", and the providers of electronic communications services to take all useful technical and administrative measures to guarantee the security of the services they offer.
Article 20 requires them to inform users of the dangers of using their networks, of the particular security-violation risks such as denial of service, abnormal re-routing, unusual traffic and ports, passive and active eavesdropping and intrusions, and where applicable of the lack of technical means to secure their communications.
When LexLint raises it
When your app profile says your app provides telecom services.