[FINAL]
having become aware of an incident.” Competent Authorities will have the flexibility to
assess a request for incident reporting after this deadline and will be able to agree to
requests if they are justified.
The Government understands that these measures will involve costs to Operators, but
believes that there is a strong public and national benefit from improving the security of the
UK’s essential services and digital service providers.
7. Digital service providers (DSP)
Although a small majority of respondents agreed with the Government’s proposal to define
Digital Service Providers, it is clear that this continues to be a challenge. Defining Digital
Service Providers in a manner that is both compatible with the Directive and clear to
individual Digital Service Providers is not simple. The Government’s intention has always
been to try to make it clear who was in scope and who was without, and to limit the scope of
those who have to comply with the Directive to those companies whose loss of service could
have the greatest impact on the UK economy either directly or through impact on other
companies.
A number of respondents requested that the definitions be amended to exclude Software as
a Service. The Government believes that Software as a Service providers play an important
role in the UK’s economy and it is right that they are held responsible for ensuring the
security of their network and information systems. It considers its approach, as revised
below, is appropriate, in line with the requirements of the Directive, and will ensure that only
those Software as a Service providers that provide elastic and scalable resources to their
customers are included.
The regulations implementing the NIS Directive will reflect the wording of the Directive:
●
“digital service” means a service within the meaning of point (b) of Article 1(1) of
Directive (EU) 2015/1535 of the European Parliament and of the Council which is a type
listed in Annex 3 [of the Directive]”;
●
“digital service provider” means any legal person that provides a digital service;
●
“online marketplace” means a digital service that allows consumers and/or traders as
respectively defined in point (a) and in point (b) of Article 4(1) of Directive 2013/11/EU of
the European Parliament and of the Council to conclude online sales or service
contracts with traders either on the online marketplace’s website or on a trader’s website
that uses computing services provided by the online marketplace;
●
“online search engine” means a digital service that allows users to perform searches
of, in principle, all websites or websites in a particular language on the basis of a query
on any subject in the form of a keyword, phrase or other input and returns links in which
information related to the requested content can be found;
Page 13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents