Commentary on provisions of Act Section 3: Codes of practice about security measures Section 105I: Duty to explain failure to act in accordance with code of practice
Section 105I allows Ofcom to notify a provider where Ofcom deems it is failing or has failed to act in accordance with a code. The notification must set out how the provider is suspected to have contravened the code and direct the provider to give a statement in response. In its statement, the provider must either confirm or deny Ofcom’s suspicions and give a supporting explanation.