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Version status: In force | Document consolidation status: Assimilated law updated to reflect all known changes
Version date: 12 January 2022 - onwards
Version 3 of 3

Article 3 Parameters to be taken into account to determine whether the impact of an incident is substantial

1. With regard to the number of users affected by an incident, in particular users relying on the service for the provision of their own services referred to in regulation 12(7)(a)(i) of the NIS Regulations, the RDSP shall be in a position to estimate either of the following:

(a) the number of affected natural and legal persons with whom a contract for the provision of the service has been concluded; or

(b) the number of affected users having used the service based in particular on previous traffic data.

2. The duration of an incident referred to in regulation 12(7)(a)(ii) of the NIS Regulations means the time period from the disruption of the proper provision of the service in terms of availability, authenticity, integrity or confidentiality until the time of recovery.

3. As far as the geographical spread with regard to the area affected by the incident referred to in regulation 12(7)(a)(iii) of the NIS Regulations is concerned, the RDSP shall be in a position to identify whether the incident affects the provision of its services in specific areas of the United Kingdom.