Document Generated: 2022-06-22
Status: This is the original version (as it was originally made).
Information sharing – enforcement authorities
6.—(1) The NIS enforcement authorities may share information with the CSIRT, the Commission
and the relevant authorities in other Member States if that information sharing is—
(a) necessary for the requirements of these Regulations, and
(b) limited to information which is relevant and proportionate to the purpose of the
information sharing.
(2) When sharing information with the Commission or the relevant authorities in other Member
States under paragraph (1), the NIS enforcement authorities are not required to share—
(a) confidential information, or
(b) information which may prejudice the security or commercial interests of operators of
essential services or digital service providers.
Information sharing – Northern Ireland
7.—(1) In order to facilitate the exercise of the Northern Ireland competent authority’s functions
under these Regulations—
(a) a Northern Ireland Department may share information with the Northern Ireland
competent authority; and
(b) the Northern Ireland competent authority may share information with a Northern Ireland
Department.
(2) In this regulation—
(a) “the Northern Ireland competent authority” means the competent authority that is specified
for Northern Ireland in column 3 of the table in Schedule 1 in relation to the subsectors
specified in column 2 of that table; and
(b) “a Northern Ireland Department” means a department mentioned in Schedule 1 to the
Departments Act (Northern Ireland) 2016(16).
PART 3
Operators of essential services
Identification of operators of essential services
8.—(1) If a person provides an essential service of a kind referred to in paragraphs 1 to 9 of
Schedule 2 and that service—
(a) relies on network and information systems; and
(b) satisfies a threshold requirement described for that kind of essential service,
that person is deemed to be designated as an OES for the subsector that is specified with respect to
that essential service in that Schedule.
(2) A person who falls within paragraph (1) must notify the designated competent authority of
that fact before the notification date.
(3) Even if a person does not meet the threshold requirement mentioned in paragraph (1)(b), a
competent authority may designate that person as an OES for the subsector in relation to which that
competent authority is designated under regulation 3(1), if the following conditions are met—
(16) 2016 c. 5.
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