Commentary on provisions of Act Section 8: Civil liability for contravention of security duties Section 105W: Civil liability for breach of security duty
Section 105W makes the contravention of specified security duties actionable in civil proceedings where the breach of the duty causes loss or damage.
	Subsection (1) provides that the security duties placed on providers under sections 105A, 105B, 105C, 105D and 105J are owed to every person who may be affected by a contravention.
	Subsection (3) provides that a person who suffers loss or damage as the result of a breach of the above security duties may bring legal proceedings in respect of the breach. Subsection (5) provides that it is a defence for a provider to show that they took all reasonable steps and exercised all due diligence to avoid contravening the duty.
	Subsection (4) provides that a person may also bring legal proceedings where they have suffered loss or damage as the result of an act which induces a breach of duty or interferes with its performance. The act must be done with the intention that it will cause the person to suffer loss.
	Subsection (6) provides that Ofcom must consent to the bringing of proceedings under this section, which may be subject to conditions relating to the conduct of proceedings (subsection 7).