EcuadorOrganic Telecommunications Law, Network Security Measures and Security Audit
Ley Orgánica de Telecomunicaciones, arts. 24(15), 76 and 85
In force since .
A sector security regimes rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Security
As of .
What it requires
- This binds a provider of telecommunications services in Ecuador, whatever its enabling title (reached by declaring that you provide telecom services). The Law entered into force on its publication in Registro Oficial Supplement 439 on .
- Adopt the measures needed to guarantee the security of your networks (article 24(15)).
- Adopt technical and management measures suited to the existing risk, whether you use your own network or a third party's, to preserve the security of your services and the invulnerability of the network, and to guarantee the secrecy of communications and of the information your networks carry (article 76).
- Follow the instructions the regulator issues, which bind you, on measures for the integrity and security of networks and services (article 85).
- When the regulator requires it, supply the information needed to assess the security and integrity of your services and networks, including your security policies, and undergo a security audit at your own cost (article 85).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
A breach of a duty of the Law by a holder of an enabling title that the Law, its regulations and the enabling title do not designate as another infraction is a first-class infraction, which carries a fine of between 0.001% and 0.03% of the reference amount, which is based on the infringer's total income from the service or enabling title concerned.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 0.03
Who enforces it
Enforcement body
The Agencia de Regulación y Control de las Telecomunicaciones (ARCOTEL), which supervises compliance with the security duties of providers and issues binding instructions on the integrity and security of networks and services.
Settledness
- As of
- Open questions
- Does Resolución ARCOTEL-2018-0652, signed on and published in Registro Oficial 331 of on coordinating the handling of incidents and vulnerabilities that affect the security of telecommunications networks, add duties under article 85 of the Law, and are the Law's provisions as published still the text in force?
What this law does
Article 24(15) of the Law requires a provider to adopt measures to guarantee the security of the networks. Article 76 of the Law requires a provider, whether it uses its own network or a third party network, to adopt adequate technical and management measures to preserve the security of its services and the invulnerability of the network. Article 76 of the Law requires those measures to guarantee a level of security suited to the existing risk.
Under article 85 of the Law the telecommunications regulator issues instructions that bind providers to adopt measures on the integrity and security of networks and services. Article 85 of the Law lets the regulator require a provider to supply the information needed to assess the security and integrity of its services and networks. Article 85 of the Law lets the regulator require a provider to undergo a security audit at the provider cost.
Article 117(b)(16) of the Law makes any other breach of the duties in the Law by a holder of an enabling title a first-class infraction. Article 121(1) of the Law sets the fine for a first-class infraction at between 0.001% and 0.03% of the reference amount. Article 122 of the Law derives the reference amount from the total income of the infringer on its last income tax return, in relation to the service or enabling title concerned.
The Ley Orgánica de Telecomunicaciones was published in Registro Oficial Supplement 439 of . The Law entered into force on its publication in the Registro Oficial.
When LexLint raises it
When your app profile says your app provides telecom services.