REGULATORY, GEOSTRATEGIC AND ECONOMIC KEYS TO RD-LAW 7/2022
Mar 11, 2024 21:24:11 GMT -6
Post by account_disabled on Mar 11, 2024 21:24:11 GMT -6
It was held in Fide the session Regulatory, geostrategic and economic keys of RD-Law 7/2022 on 5G Cybersecurity. Participated in the discussion: Lorenzo Avello Lopez (Deputy Director General for Telecommunications Regulation), Elena of Vian Street (Technical Advisor of the Department of National Security-Cabinet of the Presidency of the Government), Jose Angel Capote Molina (Director of Marketing and Network Strategy of the Operators Business Unit at Huawei Spain) and Alberto Moreno Rebollo (Director of Regulation at Telefónica Spain) with the moderation of Javier Fernández-Samaniego (Managing Partner of Samaniego Law and Member of the Academic Council of Fide). The core of the debate was, both due to current criteria and importance not only for 5G operators and suppliers, but also for corporate 5G users and also for those who market and market terminal equipment and devices to connect to a network 5G; the approval, dated March 30, 2022, of RD-Law 7/2022 on security of 5G networks and services, validated by Congress in April 2022, and the discussion on its future regulatory development through the National Scheme of Security of 5G networks and services or “Scheme.
Precisely, the first part of the session revolved around the form (Royal Decree-Law) and moment of approval of RD-Law 7/2022 and the concurrence of the circumstances of extraordinary and urgent need that article 86 of the Constitution requires for this government license. In this regard, Elena de la Calle explained that the fundamental motivation for this fact, which is included in the RD-law itself, has been the considerable increase in the risk of cyberattacks for geostrategic reasons, which has occurred after the outbreak of the War of Ukraine which, as he recalled, is considered by many experts to be a war that is also being waged in the fifth domain of operations where a war can be waged: cyberspace. Due to the special importance of 5G networks (which, for Phone Number List the first time, will serve as a common platform for very diverse digital services on which a large part of society will rely), the risk of launching cyberattacks targeting these networks required undertaking actions as soon as possible. Elena de la Calle highlighted that the increased risk has been highlighted by the European Agency for Cybersecurity (ENISA) and by various Cybersecurity Agencies, both European and from third countries, especially by CISA, the US Agency. In Spain, this increased risk has also been verified and work has been carried out on the implementation of a series of security measures and recommendations that the competent authorities have sent to their communities of reference due to the conflict.
Added Lorenzo Avello, that despite the sudden approval of the final text, which went on to become a draft law to RD-Law, draws on the opinions expressed, during the period of public consultation, by the different protagonists of the sector . The entire panel agreed that the final text is technically superior to the previous bill. Next, the moderator recalled that that same week (June 20, 2022) the deadline for the Scheme public consultation that Lorenzo Avello confirmed that it would be an all-encompassing regulation for the development of the law and with a very operational and technical nature. Asked about the certain asynchrony that could arise from the different periods established in the provisions (remember that the DA3 establishes the possibility that in 3 months certain suppliers can be classified as high risk and, however, the period established by the FD 3 to approve the regulatory development is 6 months -until next September 30, 2022-), confirmed that it is likely that this 3-month period will be delayed. Going into operational aspects of the RD-Law, Lorenzo Avello commented on an important novelty introduced by the RD-Law, the more logical distribution of obligations between operators, suppliers and corporate users (terminal equipment and connected devices are not subject to specific regulation in the text, since there is a regulation that regulates them). Likewise, he stated that the original text of the Bill placed, perhaps, too much responsibility on the network operators; upon whom it imposed the bulk of security obligations.
Precisely, the first part of the session revolved around the form (Royal Decree-Law) and moment of approval of RD-Law 7/2022 and the concurrence of the circumstances of extraordinary and urgent need that article 86 of the Constitution requires for this government license. In this regard, Elena de la Calle explained that the fundamental motivation for this fact, which is included in the RD-law itself, has been the considerable increase in the risk of cyberattacks for geostrategic reasons, which has occurred after the outbreak of the War of Ukraine which, as he recalled, is considered by many experts to be a war that is also being waged in the fifth domain of operations where a war can be waged: cyberspace. Due to the special importance of 5G networks (which, for Phone Number List the first time, will serve as a common platform for very diverse digital services on which a large part of society will rely), the risk of launching cyberattacks targeting these networks required undertaking actions as soon as possible. Elena de la Calle highlighted that the increased risk has been highlighted by the European Agency for Cybersecurity (ENISA) and by various Cybersecurity Agencies, both European and from third countries, especially by CISA, the US Agency. In Spain, this increased risk has also been verified and work has been carried out on the implementation of a series of security measures and recommendations that the competent authorities have sent to their communities of reference due to the conflict.
Added Lorenzo Avello, that despite the sudden approval of the final text, which went on to become a draft law to RD-Law, draws on the opinions expressed, during the period of public consultation, by the different protagonists of the sector . The entire panel agreed that the final text is technically superior to the previous bill. Next, the moderator recalled that that same week (June 20, 2022) the deadline for the Scheme public consultation that Lorenzo Avello confirmed that it would be an all-encompassing regulation for the development of the law and with a very operational and technical nature. Asked about the certain asynchrony that could arise from the different periods established in the provisions (remember that the DA3 establishes the possibility that in 3 months certain suppliers can be classified as high risk and, however, the period established by the FD 3 to approve the regulatory development is 6 months -until next September 30, 2022-), confirmed that it is likely that this 3-month period will be delayed. Going into operational aspects of the RD-Law, Lorenzo Avello commented on an important novelty introduced by the RD-Law, the more logical distribution of obligations between operators, suppliers and corporate users (terminal equipment and connected devices are not subject to specific regulation in the text, since there is a regulation that regulates them). Likewise, he stated that the original text of the Bill placed, perhaps, too much responsibility on the network operators; upon whom it imposed the bulk of security obligations.