SpainLey 11/2022 General Telecommunications Law, Security Risk Management and Network Integrity
Ley 11/2022, art. 63.1 y 63.2, General de Telecomunicaciones
In force since .
A sector security regimes rule binding private bodies.
- Obligation class
- Security
What it requires
- If you operate a public electronic communications network or provide a publicly available electronic communications service, this binds you (Article 63.1 and 63.2).
- Manage the security risks to your networks and services, and adopt technical and organisational measures that are proportionate and in line with the state of the art, which may include encryption, so as to avoid or minimise the impact of security incidents on users and on other networks and services (Article 63.1).
- If you operate a public network, guarantee the integrity of the network so that the services that run over it stay available (Article 63.2).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 109.1(c) sets the fine for a grave infringement at up to EUR 2,000,000, and article 107 classes failure to meet the integrity and security obligations as grave; a different cap applies to grave infringements within the sanctioning competence of the Comisión Nacional de los Mercados y la Competencia.
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 2,000,000
Who enforces it
Enforcement body
The Ministry of Economic Affairs and Digital Transformation (Ministerio de Asuntos Económicos y Transformación Digital), which supervises compliance with article 63 and issues binding instructions to operators.
What this law does
Article 63.1 requires operators of public electronic communications networks and of publicly available electronic communications services to manage the security risks to their networks and services and to adopt technical and organisational measures that are appropriate, proportionate and in line with the state of the art, which may include encryption.
Article 63.2 requires operators of public electronic communications networks to guarantee the integrity of those networks so as to ensure the continuity of the services that use them. Article 107 classes failure to meet the obligations on integrity and security in providing services or supplying electronic communications networks as a grave infringement.
When LexLint raises it
When your app profile says your app provides telecom services.
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