Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023
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Relevant vendor measures | ||
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25. (1) Subject to section 22 , the Minister may, if he or she considers it necessary to control risks to the security of electronic communications networks or electronic communications services which may affect national security, by notice in writing (referred to in this Part as a “ relevant vendor notice”), take any of the following measures (referred to in this Act as a “relevant vendor measure”): | ||
(a) prohibit the installation by a provider of critical components made or supplied by a relevant vendor; | ||
(b) prohibit or restrict the use by a provider of critical components made or supplied by a relevant vendor; | ||
(c) place conditions on the installation or use by a provider of critical components made or supplied by a relevant vendor; | ||
(d) prohibit the installation or use by a provider at a specified location of critical components made or supplied by a relevant vendor; | ||
(e) require a provider to remove, disable or modify critical components made or supplied by a relevant vendor; | ||
(f) place a restriction, expressed as a percentage of the total quantity of critical components used by the provider on their network or any part of their network, on the quantity of critical components made by a relevant vendor that a provider may use; | ||
(g) where critical components made or supplied by a relevant vendor are in use by a provider, require the provider to use these critical components in a specified manner or at a specified location. | ||
(2) A relevant vendor notice shall specify— | ||
(a) the provider or providers to which it applies, | ||
(b) that the Minister considers it necessary to take the measures contained in the order to control risks to the security of electronic communications networks or electronic communications services which may affect national security, | ||
(c) where the Minister considers that consultation under section 27 (1) would be contrary to the interests of national security, the reasons therefor, | ||
(d) the reasons for the issuing of the notice, and | ||
(e) the time at which the notice comes into operation. | ||
(3) Paragraph (d) of subsection (2) shall not apply where the Minister considers that specifying the reasons for the issuing of the notice in the notice would be contrary to the interests of national security. | ||
(4) The Minister may at any time, by further notice in writing, revoke or vary a relevant vendor measure. | ||
(5) Where the Minister makes, varies or revokes a relevant vendor notice he or she shall give the notice, in accordance with section 60 of the Principal Act, to any provider to which the notice applies. | ||
(6) Where the Minister gives notice to a provider in accordance with subsection (5), the Minister shall take all reasonable steps to give a copy of the notice to the relevant vendor specified in the notice. | ||
(7) The requirement in subsection (6) shall not apply to the giving of a relevant vendor notice if the Minister considers that giving a copy of the notice to the relevant vendor would be contrary to the interests of national security. | ||
(8) A provider that fails to comply with a relevant vendor measure or a notice varying such a measure given to such provider or made under subsection (1) commits an offence and is liable— | ||
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or | ||
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine not exceeding €250,000, or both. |