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Scotland

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Survey Answer:

A Communications Act 2003
• Where Ofcom receives a notification under the Communications Act 2003 it must, where it considers it appropriate to do so, notify regulators in other Member States and the European Network and Information Security Agency (“ENISA”). Ofcom may investigate, rectify and impose fines up to £2m for infringement of the obligations under the Communications Act 2003, including issuing directions to suspend entitlement to provide networks.
B CMA - The Crown Prosecution Service will prosecute offences under the CMA in England and Wales. Prosecution of CMA offences in Scotland are made by the Procurator Fiscal.
C The NIS Directive - please refer to Q3 below
D PECR - The ICO has powers to enforce the regulations including auditing service providers, conducting ‘dawn raids’, imposing enforcement notices on service providers and information notices on service providers; imposing monetary penalty notices of up to £500,000 on service providers; punishing a failure to comply with a breach notification requirement with a penalty of £1,000 (which is reduced to £800 if paid within 21 days); and prosecuting service providers for failure to comply with a notice (except in Scotland, where the Procurator Fiscal brings prosecutions).

Provided By:
Rupert Casey and Martin Sloan: Macfarlanes LLP (England/Wales)/Brodies LLP (Scotland)