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Part 3 · Licensing of Major Foundational Digital Infrastructure Service Providers

16. Codes of practice

(1)

The Authority may, from time to time —

(a)

issue or approve one or more codes of practice relating to —

(i)

practices and measures to be taken by licensees to ensure the security (including the physical security and cybersecurity) of the major foundational digital infrastructure services provided by the licensees;

(ii)

practices and measures to be taken by licensees to minimise the likelihood of unexpected interruptions to the provision of the major foundational digital infrastructure services provided by the licensees;

(iii)

plans for business continuity and disaster recovery of the major foundational digital infrastructure services provided by the licensees; and

(iv)

the timeframe within which a notification to the Authority of the occurrence of any cybersecurity incident or service delivery disruption mentioned in section 15(d) should be provided; and

(b)

amend or revoke any code of practice issued or approved under paragraph (a).

(2)

A code of practice issued under this section —

(a)

may be of general or specific application; and

(b)

may specify that different provisions of the code of practice apply to different circumstances, or provide for different cases or classes of cases.

(3)

Any provision in any code of practice applicable to a licensee must not be inconsistent with any provision in any Cybersecurity Act code of practice or standard of performance applicable to that licensee.

(4)

If any provision in any code of practice is inconsistent with this Act, the provision, to the extent of the inconsistency, does not have effect.

(5)

Where a code of practice is issued, approved, amended or revoked by the Authority under subsection (1), the Authority must —

(a)

publish a notice of the issue, approval, amendment or revocation (as the case may be) in a manner that will secure adequate publicity for the issue, approval, amendment or revocation, as the case may be;

(b)

specify in the notice the date of the issue, approval, amendment or revocation, as the case may be; and

(c)

ensure that, so long as the code of practice remains in force, copies of that code, and of all amendments to that code, are available free of charge to a licensee to whom that code applies.

(6)

None of the following has any effect until the notice relating to it is published in accordance with subsection (5):

(a)

a code of practice;

(b)

an amendment to a code of practice;

(c)

a revocation of a code of practice.

(7)

A code of practice has no legislative effect.

(8)

Subject to subsections (6) and (9), every licensee must comply with any code of practice that applies to the licensee.

(9)

The Authority may, either generally or for such time as the Authority may specify, waive the application to a licensee of any code of practice, or any part of it.

(10)

In this section, “Cybersecurity Act code of practice or standard of performance” means any code of practice or standard of performance issued or approved under section 35A(1) of the Cybersecurity Act 2018, and includes such code of practice or standard of performance as may be amended from time to time.

Report

Part 4

Licensing of Data Centre Operators

Part 5

Reconsiderations and Appeals

Part 6

Enforcement

Part 7

Miscellaneous

Part 8

Related Amendments to Cybersecurity Act 2018

Part 9

Saving and Transitional Provisions

Schedules