The Network and Information Systems (EU Exit) (Amendment) Regulations 2021

• Citation: S.I. 2021/1461
• Sections: 4

Section 1 Citation and commencement

These Regulations may be cited as the Network and Information Systems (EU Exit) (Amendment) Regulations 2021 and come into force twenty-eight days after the day on which they are made.

Section 2 Extent and application

(1) These Regulations extend to England and Wales, Scotland and Northern Ireland.

(2) These Regulations apply to—

(a) the United Kingdom, including its internal waters;

(b) the territorial sea adjacent to the United Kingdom ; and

(c) the sea (including the seabed and subsoil) in any area designated under section 1(7) of the Continental Shelf Act 1964 .

Section 3 Amendment of the Network and Information Systems Regulations 2018

(1) Regulation 12 of the Network and Information Systems Regulations 2018 (relevant digital service providers) is amended as follows.

(2) For paragraph (7)(b) substitute—

(b) have regard to any relevant guidance published by the Information Commissioner.

Section 4 Amendment of Commission Implementing Regulation (EU) 2018/151

(1) Commission Implementing Regulation (EU) 2018/151 of 30 January 2018 laying down rules for application of Directive (EU) 2016/1148 of the European Parliament and of the Council as regards further specification of the elements to be taken into account by digital service providers for managing the risks posed to the security of network and information systems and of the parameters for determining whether an incident has a substantial impact is amended as follows .

(2) In Article 2(5) for the words from “Pursuant to” to the end of the paragraph substitute “United Kingdom, European and internationally accepted standards and specifications relevant to the security of network and information systems may also be used.” .

(3) In Article 3(3) for “Member States of the EU” substitute “areas of the United Kingdom” .

(4) Omit Article 4.