Key Facts

• Amendment 6 would specify three security guidelines in the Bill.
• New clause 3 requires a report on security risks within 3 months after Royal Assent, then annually thereafter.
• The amendment aims to speed up legal obligations for manufacturers and enhance consumer protection.
• There were 1.5 billion attempted compromises of internet of things devices in the first half of last year, double the 2020 figure.
• The Government has given notice of the Bill to the World Trade Organisation and invited comments on proposals two years ago.
• Clause 1 provides the Government with powers to specify and mandate security requirements through secondary legislation.
• New clause 3 would commit the Government to reporting on a fixed basis on the security risks posed by products affected by the Bill, but this is not accepted due to existing mechanisms for transparency.
• The cost of business impact is set at net present value and is currently listed as £1,246.9.9 million.
• The Government assumes 10% of devices will need disposal by businesses under the Bill.
• A cyber-security expert testified that even with proposed measures, they would not trust smart speakers in their home.
• Clauses 4 to 6 define internet-connectable and network-connectable products.
• The clauses aim to capture future technologies based on their capabilities rather than exhaustively listing all consumer connectable products.
• Clause 6 defines 'excepted product,' allowing the Secretary of State to exclude certain products from the Bill's scope via regulations.
• Amendment 7 seeks to insert a new provision in clause 7, page 5, line 24.
• The amendment aims to ensure online marketplaces are considered distributors and thus subject to security requirements.
• Kevin Brennan questions the Government's rationale for excluding online marketplaces from the Bill's scope.
• Clauses 26 to 52 create an enforcement regime.
• The Secretary of State can authorize others to carry out enforcement functions and issue notices like compliance, stop, and recall notices.
• Offences include failure to comply with enforcement notices and purporting to act as authorized.
• Clauses 53 to 56 cover guidance and interpretation for relevant operators.
• Clause 57 aims to resolve scenarios where telecoms operators cannot renew or obtain new code rights under current legislation.
• Telecoms agreements covered under the code can last up to 10 years or longer.
• The clause allows operators to seek additional rights from alternative parties if landowners cannot grant them.
• Clause 58 amends the electronic communications code to include a statutory 'code right' for apparatus sharing.
• This amendment aims to provide greater certainty and support smoother negotiations between operators regarding shared telecommunications infrastructure.
• The new rights introduced by clause 58 are separate from automatic sharing rights available under paragraph 17 of the current code.
• Amendment 9 would insert text after “agreement” in clause 59.
• The amendment applies a different regime under the Electronic Communications Code to private landlords.
• The amendments apply a different regime under the Electronic Communications Code to private landlords.
• They grant automatic upgrade rights for operators on properties owned by private landlords, provided that upgrades impose no additional burden or adverse impact.
• Conditions include notifying property owners in advance and ensuring any changes do not negatively affect the appearance of telecommunications apparatus.
• Catherine Colloms, managing director of Openreach, testified about difficulties upgrading properties owned by private landlords.
• Openreach currently has 55,802 multi-dwelling unit (MDU) premises on hold.
• It is forecast that 1.5 million MDU premises could be unserved by the end of commercial roll-out.
• The government's programme introduced reforms in 2017 allowing upgrading and sharing without specific landowner consent where impacts are limited.
• Amendments suggest introducing conditions for retrospective rights affecting private landlords.
• Clause 59 inserts new paragraph 5A into the Digital Economy Act 2017 to introduce rights for operators to upgrade and share apparatus under subsisting agreements, subject to stricter conditions.
• Clause 60 deals with upgrading and sharing apparatus installed before December 29, 2003, where there is neither a subsisting agreement nor an agreement after the 2017 reforms.
• The Government's position is against amending the Bill to improve internet access in old buildings.
• CityFibre and Openreach agree on the need to address issues with gaining property access.
• Nearly 56,000 MDU premises are currently on hold due to roll-out challenges.
• Amendments proposed by Chris Elmore would apply a different regime under the Electronic Communications Code for private landlords.
• Automatic upgrade rights are granted to operators if certain conditions are met.
• The amendments were negatived in the Committee with Ayes 4 and Noes 7.
• Amendment would apply a different regime to private landlords under the Electronic Communications Code.
• The amendment was put to a vote and negatived with Ayes 4, Noes 7.
• Clause 60 ordered to stand part of the Bill.