Consultation outcome

NIS Regulations: Targeted Consultation on Digital Service Providers

This consultation has concluded

Download the full outcome

Detail of outcome

The Network and Information Systems Regulations 2018 (NIS Regulations) came into effect on 10 May 2018. The Government therefore proposes to use the outcome of this consultation to assist the Information Commissioner’s Office (ICO) in clarifying its guidance to digital service providers.

The key areas the Government will look to clarify are:

  • how DSPs can more easily identify whether they are within scope of the NIS Regulations;
  • how cloud services in particular are defined; and
  • how the ICO’s cost recovery process will operate.

The ICO published the guidance for digital service providers in October 2018, you can access the ICO’s guidance to the NIS Regulations here.

Detail of feedback received

The Government received 12 responses to this consultation. The majority of responses indicated there was broad support for the Government’s overall approach towards digital service providers, but there continued to be uncertainty over exactly who was in scope - particularly in relation to cloud service providers - and that greater clarification was needed on the subject of cost recovery.

Original consultation

Summary

The Government held a targeted consultation on the implementation of the NIS Directive and its associated Implementing Act for digital service providers.

This consultation ran from
to

Consultation description

In the Government’s response to the public consultation on its proposals to implement the Security of Network and Information Systems Directive (NIS Directive), DCMS committed to carry out a further targeted consultation on how the NIS Directive will apply to Digital Service Providers (DSPs) in the UK. This targeted consultation took place after the European Commission’s Implementing Regulation for Digital Service Providers was published. The Implementing Regulation was published in the Official Journal of the European Union on 30 January 2018 and can be found on the EUR-LEX website.

DCMS therefore carried out this further targeted consultation during March and April 2018. The consultation was aimed at those respondents who indicated a desire to participate in this further consultation in their response to the main public consultation in 2017. The consultation was sent in the form of a PDF attached to an email.

In the interest of transparency, the text of the targeted consultation has been published on this page.

Further information on the NIS Regulations and NIS Directive can be found here.

Documents

Published 12 March 2019