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reg 14B

Cybersecurity incidents

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Part 3Hazard management

14B Cybersecurity incidents

(1)

In this regulation —

electronic system —

(a)

means a system that generates, collects, shares, sends, receives, stores, carries, processes, connects, uses or acts on or in relation to electronic information; and

(b)

includes the following —

(i)

any network, service, program, code or similar thing that is used by, within or in relation to the system;

(ii)

any device, technology or similar thing that is used by, within or in relation to the system;

(iii)

any electronic information to which the system does anything referred to in paragraph (a);

impair, in relation to an electronic system, includes the following —

(a)

to gain unauthorised access to the system or electronic information that is used by, within or in relation to the system;

(b)

to intercept electronic information that is used by, within or in relation to the system;

(c)

to prevent the system from properly functioning.

(2)

A cybersecurity incident is an event or situation in which —

(a)

an electronic system is modified or impaired as described in subregulation (3); or

(b)

a threat is made that causes a person to have a reasonable suspicion that an electronic system is being or will be modified or impaired as described in subregulation (3); or

(c)

a person reasonably suspects that an electronic system is being or will be modified or impaired as described in subregulation (3).

(3)

For the purposes of subregulation (2)(a) to (c), the modification or impairment must be capable of causing or resulting in —

(a)

loss of life, prejudice to the safety, or harm to the health, of persons or animals; or

(b)

destruction of, or damage to, property or any part of the environment.

[Regulation 14B inserted: SL 2025/214 r. 5.]

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