TaiwanTelecommunications Management Act, Announcement and Report of Service Suspension
Telecommunications Management Act (電信管理法), enacted , Arts. 11 and 79
In force since .
A vulnerability and incident reporting rule binding private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Reporting
As of .
What it requires
- Applies to a telecommunications enterprise under the Act; reached by declaring that you provide telecom services.
- When you cannot provide telecommunications services, in whole or in part, because of a disaster, a penalty imposed by the competent authority or another major incident, announce the suspension immediately (Article 11(1)).
- Report the suspension to the competent authority by the method it prescribes, and make sure the matters you report are true (Article 11).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureNo
Private right of actionNo
Penalty structure
Article 79 sets a fine of NT$100,000 to NT$1,000,000 and a deadline to correct for the violations it lists.
- Rule
- Fixed only
- As of
- Currency
- TWD
- Fixed cap
- 1,000,000
Who enforces it
Enforcement body
The Ministry of Digital Affairs as competent authority for the telecommunications enterprises concerned, which imposes the fine and orders correction.
Settledness
- As of
- Open questions
- Does a security incident that does not stop the service fall within the major incidents of Article 11(1), which the Act ties to a failure to provide services?
What this law does
Article 11(1) of the Act requires a telecommunications enterprise that cannot provide services because of a disaster, a penalty imposed by the competent authority or other major incidents to announce the suspension immediately and to report it to the competent authority by the method the authority prescribes. Article 79 of the Act fines a telecommunications enterprise NT$100,000 to NT$1,000,000 for the violations it lists, with a deadline to correct.
Article 79, item 7, covers a violation of Article 11(1) where no immediate announcement has been made or the notified matters are not true at all. The Act's provisions other than Article 52(3) to (7), Article 54, Article 61, Article 22(3), Article 58(1), Article 60 and the parts of Article 89 about Articles 52 and 54 took effect on .
When LexLint raises it
When your app profile says your app provides telecom services.