committing the offence (BE, CY, WS, FR, LT, MT, PT and RO). This leaves BG, DE, EE, IE, FI, NL and the UK without having chosen any of the options. cc) Sanctions for omission According to Article 11(2), Member States have to ensure that effective, proportionate and dissuasive sanctions apply for legal persons who are liable for omission offences as referred to in Article 10(2). The information provided by LU was not conclusive. All other Member States except for IE and the UK have provided for corresponding legislative provisions. In the case of IE and the UK, the same issue arises for Article 11(1): (see point aa) above). f) Jurisdiction aa) Required jurisdiction grounds Article 12(2) and (3) of the Directive requires Member States to determine their own jurisdiction for offences referred to in Articles 3-8 when the offence has been committed in whole or in part within their territory – be it that the offender was physically present there at the time of commitment or be it that the affected information system was located in the Member State's territory — or when the offence has been committed abroad by one of the Member State`s nationals. Most Member States have introduced corresponding national legislation, IT`s legislation does not determine jurisdiction for nationals abroad in the case of the basic offences, LV`s and SI`s legislation refer to unclear provisions regards territorial aspects, MT`s jurisdiction for partial commission on own territory is unclear and the UK refer to a computer instead of an information system. bb) Other jurisdiction grounds Article 12(3) provides that where Member States establish jurisdiction for cases where the offender has his or her habitual residence in the respective territory (opted for by AT, CY, CZ, IE, FI, HR, LT, LV, NL, SE and SK) or if the offence was committed for the benefit of a legal person established in the respective territory (CY, CZ, LV, PT, RO and SK), this should be communicated to the Commission. 2.4 Operational issues (Articles 13 – 14 of the Directive) a) Provision on operational national points of contact Article 13(1) calls on the Member States to establish operational national points of contact for the purpose of exchanging information relating to the offences referred to in Articles 3 to 8. On the basis of the provision, Member States need to ensure that procedures are in place to allow the competent authority to reply within 8 hours of receipt to any urgent request for assistance. According to the information notified, most Member States have set up the required infrastructure. IE and RO mentioned that the respective points of contact are only available for limited hours every day, which would not allow the authority to provide a reaction within 8 hours of receipt of a request in every possible case. Several Member States indicated that they are making use of existing networks of operational points of contact established through the G7 network or under the Council of Europe Budapest Convention on Cybercrime. b) Information about the established operational national points of contact Under Article 13(2), Member States are required to provide contact details of their points of contact to the Commission which will forward the details to the other Member States. All Member States have provided the necessary information. 11

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