Communications Act (Kommunikationsgesetz, KomG), Integrity and Availability of Networks and Services
In force.
A sector security regimes rule binding private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Security
As of .
What it requires
- This binds a provider of a public communications network or a publicly available electronic communications service under the Kommunikationsgesetz (reached by declaring that you provide telecom services).
- Take all appropriate measures to maintain the integrity of the network and the availability of public communications networks or publicly available electronic communications services, and to guarantee uninterrupted access to emergency services (Article 17(1)).
- Give the regulatory authority, on request, all information needed to assess the security or integrity of your services and networks, including documents on security measures (Article 17(2)).
- Undergo a security audit by a qualified, independent body and submit its results, if the regulatory authority so requires (Article 17(2)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Private right of actionNo
Penalty structure
The regulatory authority imposes the fine for an infringement of the Article 17 duties on integrity and availability.
- Rule
- Fixed only
- As of
- Currency
- CHF
- Fixed cap
- 50,000
Who enforces it
Enforcement body
The regulatory authority (Regulierungsbehörde) named in the Kommunikationsgesetz, which fines a provider that infringes the Article 17 duties up to CHF 50,000.
What this law does
Article 17 of the Kommunikationsgesetz requires providers to take all appropriate measures to maintain network integrity and the availability of public communications networks and services. Article 17 of the Kommunikationsgesetz lets the regulatory authority oblige any provider to undergo a security audit by a qualified, independent body.
Article 70 of the Kommunikationsgesetz fines a provider that infringes its duties on the integrity and availability of public communications networks and services under Article 17.
When LexLint raises it
When your app profile says your app provides telecom services.