Commentary on provisions of Act Section 4: Informing others of security compromises Section 105L: Powers of Ofcom to inform others of security compromise
Section 105L applies where Ofcom considers that there is a risk of a security compromise occurring or a security compromise has occurred. The circumstances in which Ofcom must inform the Secretary of State of the above are set out in subsection (2).
	In this situation, Ofcom must inform the Secretary of State of the above where the security compromise could (or already has had) specified serious consequences, such as a serious threat to national security (subsection (2)).
	Ofcom may still inform the Secretary of State that there is a risk of a security compromise occurring or a security compromise has occurred even where there is no duty to do so (subsection (3)).
	Subsection (4) identifies additional groups or organisations which Ofcom may inform about security compromises, namely network or service users, providers, overseas regulators and the European Union Agency for Cybersecurity.
	Subsection (5) allows Ofcom to inform network or service users of measures that they can take to prevent, remedy and mitigate the adverse effects of the security compromises.
	Subsection (6) allows Ofcom to direct providers to take steps to inform users (or previous users) of the risk of (or occurrence of) a security compromise and measures that they can take to prevent, remedy and mitigate the adverse effects.
	Subsection (7) allows Ofcom, if they consider it to be in the public interest, to inform the public (either directly or via a provider) about the risk of (or occurrence of) the security compromises and the protective measures that may be taken.
	Subsection (8) places a duty on providers to comply with a direction given under this section within the reasonable period specified in the direction.
	Subsection (9) defines "overseas regulator" (as used in 105K(4)) as any person who under the law of a country outside the United Kingdom has functions that correspond to the functions of Ofcom in relation to networks and services.