[FINAL]
where possible for investigations, assessing penalties etc. However, there will sometimes be
a need for divergence between sectors, and Competent Authorities will have the flexibility to
adapt their approach to reflect the needs of their sector.
Where an Operator falls under the jurisdiction of more than one Competent Authority, the
Competent Authorities are encouraged to cooperate with each other, to ensure that they do
not put an unnecessary burden on the Operator or make conflicting demands. However, they
will retain responsibility for their jurisdiction and the Operator will have to engage with both
Competent Authorities.
A number of responses raised concerns about the risk of infringing more than one piece of
legislation at a time. This risk is unavoidable, as Operators will be required to comply with a
wide range of legislation, not all of them linked or in similar fields. If an infringement occurs
that breaches more than one piece of legislation, Competent Authorities will be required to
have regard to this and where possible discuss the best approach with other regulators, but
they will remain free to undertake their own response to any infringement, provided that it is
appropriate and proportionate.
5. Security requirements for operators of essential services
Security requirements and high level principles
Given the broad level of support for the proposed approach to NIS security requirements
based on outcome-based principles and supporting guidance, the Government does not
intend to make any fundamental changes of approach.
In relation to the 14 Principles (See Annex 3), the Government recognises the need for
some additional detail to assist organisations when they are taking decisions about
implementing security measures. Some of this additional detail is available on the NCSC
website where the supporting guidance is published, and it is expected that the initial version
of the NIS Cyber Assessment Framework (CAF), planned for publication in Spring 2018, will
provide further clarity. It is expected that determinations on acceptable levels of cyber
security will be made by Competent Authorities through use of the CAF. The Government
remains committed to an outcome-based approach to implementing the NIS Directive and,
consequently, the statements of security requirements will, necessarily, always leave room
for judgements to be made within the context of an organisation’s risk management
approach.
While the Government acknowledges the value of some established cyber security
standards, it believes that there is no single existing standard that adequately covers NIS
Directive security requirements for operators of essential services. However, in order to
ensure some consistency in approach the 14 principles have been based around existing
global standards and guidance.
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