EcuadorOrganic Telecommunications Law, Notice to Users of a Network Security Risk
Ley Orgánica de Telecomunicaciones, arts. 76 and 79
In force since .
A vulnerability and incident reporting rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Reporting
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 .
- When there is a particular risk of a security violation of the public network or of your telecommunications service, inform your subscribers, clients and users of that risk and of the measures to adopt (article 79).
- If the measures to reduce or remove that risk are not under your control, tell them the possible solutions (article 76).
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 the Law, or a regulation under article 85, set a time limit or a notification channel for telling subscribers of a network security risk, and is the Law's text as published still in force?
What this law does
Article 79 of the Law requires a provider to inform its subscribers, clients and users of a particular risk of a security violation of the public network or the telecommunications service and of the measures to adopt. Article 76 of the Law requires the provider to inform its subscribers, clients or users of a particular risk of violation of network security.
Where the measures to reduce a security risk are not under its control, article 76 of the Law requires the provider to tell its subscribers the possible solutions. Article 79 of the Law separately requires the provider to notify an individual subscriber or user immediately of a violation of that person's data. 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. 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.