Law No. 175 of 2018, Service Providers' Duty to Secure Data and Information
Law No. 175 of 2018, Art. 2 (First) (service providers' duty to secure data)
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 service provider, any natural or legal person who provides information and communication technology services to users, including one who processes or stores information directly or on behalf of others (Article 1; reached by declaring any activity that provides such a service to users).
- Secure the data and information you handle to ensure its confidentiality, prevent unauthorized access, and protect against damage (Article 2, First).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Settledness
- As of
- Open questions
- Which sanction, if any, attaches to a breach of the duty to secure data and information in Article 2 (First), given that Articles 31 and 33 name other clauses of that paragraph?
What this law does
Article 2 (First) makes its listed duties obligations of service providers, without prejudice to the provisions of Law No. 175 of 2018 and of Law No. 10 of 2003 regulating telecommunications. Article 2 (First) obliges a service provider to secure data and information to ensure its confidentiality, prevent unauthorized access, and protect against damage.
Article 1 defines a service provider as any natural or legal person who provides information and communication technology services to users, including those who process or store information either directly or on behalf of others. Article 45 provides that Law No. 175 of 2018 comes into force on the day following its publication in the Official Gazette. The Law entered into force on .
When LexLint raises it
When your app profile says your app crawls the web, trains models, deploys a chatbot, sends automated outreach, makes high-risk automated decisions, processes voice recordings, processes biometric data, serves under-18s, operates a social platform, ships a mobile app, distributes a software product, runs an essential service, provides financial services, handles health records, provides telecom services, is a listed company, generates content with AI, publishes adult content, operates an app store, reuses other publishers' content, records calls, records text chat or tracks devices.