{"id":4543,"date":"2023-10-12T10:20:10","date_gmt":"2023-10-12T09:20:10","guid":{"rendered":"https:\/\/amisolicitors.co.uk\/?p=4543"},"modified":"2023-12-01T14:01:47","modified_gmt":"2023-12-01T14:01:47","slug":"cybersecurity-laws-in-the-uk-adapting-to-post-brexit-regulatory-frameworks","status":"publish","type":"post","link":"https:\/\/amisolicitors.co.uk\/2023\/10\/12\/cybersecurity-laws-in-the-uk-adapting-to-post-brexit-regulatory-frameworks\/","title":{"rendered":"Cybersecurity Laws in the UK: Adapting to Post-Brexit Regulatory Frameworks"},"content":{"rendered":"

The digital threat landscape in the United Kingdom (UK) constantly changes as businesses undergo significant digitalisation and cloud-based migrations. This rapid and continuous transition necessitates corresponding changes in IT system operations. Moreover, it prompts UK businesses to post-Brexit UK cybersecurity frameworks to comply with local legislation.<\/p>\n

In this post, we’ll share a brief overview of the evolving cybersecurity landscape in the UK with the emergence of new policies, acts, and bodies to minimise and mitigate digital threats in various industries.<\/p>\n

The Post-Brexit UK Digital Threat Landscape<\/h2>\n

Brexit has propelled UK businesses into a digital revolution, urging rapid adaptation to the post-Brexit economic landscape. However, the imperative for increased digitalisation brings forth a new frontier of cybersecurity challenges. Companies are inadvertently expanding their vulnerability to cyber threats due to the interconnected nature of digital systems and the surge in data migration to the cloud. As a result, they’re more susceptible to ransomware, spyware, and other attacks.<\/p>\n

This shift in the threat landscape necessitates recalibrating UK laws and regulations. Key legislations like the Data Protection Act 2018, UK-GDPR, and the Network and Information Security Regulations 2018 are crucial in shaping cybersecurity practices. Moreover, non-compliance is met with substantial penalties, emphasising the critical need for businesses to comply with existing and new regulations while fortifying their cybersecurity measures.<\/p>\n

Critical Cybersecurity Legislation in the UK<\/h2>\n

1.\u00a0Data Protection Act 2018 (DPA 2018)<\/h3>\n

The DPA 2018 is the UK government’s primary law on personal data processing. Enforced alongside the UK-GDPR, it regulates how businesses, organisations, and government bodies control and process personal data. Compliance is mandatory, and non-compliance may result in fines of up to \u00a317.5 million or 4% of annual global turnover.<\/p>\n

2.\u00a0UK General Data Protection Regulation (UK-GDPR)<\/h3>\n

The UK-GDPR mandates personal data protection through security measures and adherence to seven data processing principles.<\/p>\n

3.\u00a0Network and Information Security Regulations 2018 (NIS Regulations)<\/h3>\n

Focusing on the security of networks and information systems, the NIS Regulations apply to relevant digital service providers (RDSPs) and operators of essential services (OES).<\/p>\n

4.\u00a0Computer Misuse Act 1990<\/h3>\n

The Computer Misuse Act 1990 monitors digital relationships and addresses unauthorised access, data tampering, and cybercrimes. Non-compliance generally leads to heavy fines and prison sentences, depending on the nature of the offence.<\/p>\n

5.\u00a0Telecommunications (Security) Act 2021<\/h3>\n

Enforced to regulate network security against cyberattacks for mobile carriers, the Telecommunications (Security) Act mandates compliance for communication service providers (CSPs). Fines of \u00a3117,000\/day or 10% of annual revenues await non-compliant entities.<\/p>\n

6.\u00a0Electronic Identification and Trust Services for Electronic Transactions Regulations 2016 (eIDAS Regulation)<\/h3>\n

Governing services verifying UK citizens’ identity online, the eIDAS Regulation emphasises the authenticity of electronic records. Non-compliance may result in fines of up to \u00a317.5 million or 4% of worldwide annual turnover.<\/p>\n

7.\u00a0Privacy and Electronic Communications Regulations 2003 (PECR)<\/h3>\n

PECR addresses privacy rights, tracking cookies, and marketing messages by regulating electronic communications networks and services. Non-compliance may lead to fines of up to \u00a3500,000 or criminal prosecution.<\/p>\n

Reporting Cybercrime in the UK<\/h2>\n

The National Cyber Security Centre (NCSC) and the Cybersecurity Information Sharing Partnership (CiSP) play crucial roles in reporting cyber incidents and sharing threat information.<\/p>\n

The National Cyber Security Centre (NCSC), operating under the umbrella of GCHQ, acts as a central hub for reporting and responding to cybersecurity incidents. As a Computer Security Incident Response Team (CSIRT), it guides organisations that have fallen victim to cyber threats. It acts as a Single Point of Contact (SPOC) for submitting incident statistics and coordinating with EU partners.<\/p>\n

Similarly, the CiSP is a government-sponsored initiative fostering collaboration between private and public sectors. Facilitating real-time exchange of cyber threat information enhances awareness and aids in proactively minimising security breaches. This collaborative effort reflects the dynamic nature of cybersecurity, emphasising the importance of shared intelligence in safeguarding against evolving cyber threats.<\/p>\n

Practical Steps for Regulatory Compliance<\/h2>\n

For compliance with the requirements of the GDPR, NIS Regulations, and other laws mandating cybersecurity and data protection, UK businesses can adopt the following practises:<\/p>\n