Electronic Communications Code, Security and Integrity of Networks
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 an operator, meaning any legal person that operates an electronic communications network open to the public or provides an electronic communications service to the public (reached by declaring that you provide telecom services).
- Take all appropriate measures to ensure the integrity of your networks and to guarantee the continuity of the services you provide (article 16).
- Take the technical and organisational measures necessary to ensure the security of your network and services at a level adapted to the existing risk, including measures to prevent or limit the consequences of breaches of security for users and interconnected networks (article 16).
- Comply with the technical security prescriptions the government authority may issue (article 16).
- Where there is a particular risk of breach of the security of your networks, inform subscribers of that risk, of any means of remedying it and of its cost (article 16).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
L'Autorité de Régulation des Télécommunications et des Postes (ARTP), which under article 211 has a power of sanction that includes pecuniary sanctions against defaulting operators.
Settledness
- As of
- Open questions
- Which technical security prescriptions has the competent government authority issued under article 16, which the Code does not set out?
What this law does
Article 16 of the Code requires operators to take all appropriate measures to ensure the integrity of their networks and to guarantee the continuity of the services provided. Article 16 requires operators to take the technical and organisational measures necessary to ensure the security of their network and services at a level adapted to the existing risk. Operators must comply with the technical security prescriptions the government authority may issue.
Where there is a particular risk of breach of the security of their networks, operators must inform subscribers of that risk, of any means of remedying it and of its cost. The Code defines an operator as any legal person operating an electronic communications network open to the public or providing an electronic communications service to the public. The Autorité de Régulation des Télécommunications et des Postes may sanction the failings it finds in respect of the Code's provisions.
The Autorité de Régulation may pronounce pecuniary sanctions against defaulting operators and providers of services. A penalty may not exceed three percent of the turnover achieved in Senegal in the preceding financial year, and may be doubled on a repeat breach in the same year. The National Assembly adopted the Code on .
When LexLint raises it
When your app profile says your app provides telecom services.