Telecom operators' obligations

Telecom operators must maintain the information security of their services

Telecom operators have the obligation to ensure that their services are information-secure. Operators must also notify their customers of the threats posed to its services and give advice on how to combat them.

In order to maintain the information security of a service, telecom operators must maintain

• the information security of operations;
• communications security;
• hardware and software security;
• information material security.
  
  
  

Telecom operators must ensure that these measures are commensurate with the severity of threats, level of technical development and costs. Telecom operators are always responsible for the information security of their service, even though it had outsourced parts of its services.

Telecom operator's rights to remove interference

Telecom operators have the right to take necessary measures to combat information security violations and remove information security disruptions.

To maintain the security of network or communications services, telecom operators can

• automatically analyse the content of a message;
• automatically prevent or limit conveyance or reception of a message;
• automatically remove a malicious software that poses a threat to information security from messages;
• perform any other comparable technical measures.
  
  

Telecom operators have the right to undertake these measures only if they are necessary for the purpose of safeguarding network or communications services.

The prevention measures must not restrict the freedom of speech, confidentiality of a message or protection of privacy any more than is necessary. The measures must be stopped as soon as the information security of the service is safeguarded.

Subscribers must be informed of threats

Telecom operators must inform subscribers of the threats posed to services. Telecom operators must also give advice on how the subscriber and user can combat the threat and what it costs to combat it.

As they sell ADSL subscriptions, telecom operators must, for example

• tell the subscriber about the information security threats to the open network;
• recommend that subscribers use antivirus and firewall software.
  

When a severe violation of information security has occurred or a threat or disturbance has been removed, telecom operators must inform its customers of the measures undertaken and how they can possible affect the use of the service.