Law No. 08/L-173 on Cyber Security, Security Measures
Law No. 08/L-173 on Cyber Security, Arts. 2, 3, 5 and 7
In force since .
A sector security regimes rule binding public and private bodies.
- Enforcement body
- Agjencia për Siguri Kibernetike (Cyber Security Agency, ASK)
What it requires
- This duty reaches you if you hold Kosovo-designated national critical infrastructure as an operator of essential services, or if you provide an online marketplace, an online search engine, or a cloud computing service to users in Kosovo as a digital service provider.
- As a digital service provider, identify the risks to the security of your network and information systems, analyze them, and take adequate organizational and technical measures to manage that risk.NIST CSF 2.0ID.RA-05
- As an operator of essential services, permanently apply organizational, physical and information-technology security measures that prevent a cyber incident, resolve one, and prevent or mitigate its impact.NIST CSF 2.0PR.IR-03
- Expect the specific security measures required of your sector to be set by a sub-legal act of the Ministry of Internal Affairs rather than by this law directly.
These lines are LexLint's reading of the law's text.
In the frameworks
Our reading of where this law's duties sit in each framework, and in the NIST CSF 2.0, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureNo
Criminal exposure note
The draft law's own text characterizes non-compliance by an operator of essential services or a digital service provider as a kundërvajtje (administrative infraction), not as a vepër penale (criminal offense).
What this law does
Law No. 08/L-173 on Cyber Security requires an operator of essential services, a public or private entity that possesses Kosovo's designated national critical infrastructure, to permanently apply organizational, physical and information-technology security measures to prevent a cyber incident, resolve one, and prevent or mitigate its impact, with the sector-specific measures set by a sub-legal act of the Ministry of Internal Affairs.
A digital service provider, defined as the operator of an online marketplace, an online search engine, or a cloud computing service established or registered in Kosovo, carries a separate duty to identify the risks to its network and information system's security, analyze them, and take adequate organizational and technical measures to manage that risk.
Both duties, and the digital-service definition itself, track the equivalent provisions of the EU's original NIS Directive, (EU) 2016/1148, which the law's own preamble names as an instrument it aligns with. Non-compliance by either class of entity is an administrative infraction (kundërvajtje in the law's own term) rather than a criminal offense, and is enforced by the Agency for Cyber Security's own supervision of compliance.
When LexLint raises it
When your app profile says your app runs an essential service or operates a social platform.
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