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Senior Correspondent, IFSEC Global

July 22, 2015

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Germany’s Cyber Security Law for Critical Infrastructure Receives Upper House Approval

Germany’s Cyber Security Law for Critical Infrastructure Receives Upper House Approval

Photo: Harland Quarrington/MOD under OGL

Germany has recently passed legislation mandating over 2000 essential service providers to adopt new minimum information security standards. Those that don’t comply within the two year adoption period risk facing significant penalties.

On Friday, doubts about the law coming into existence were put to rest after approval from the German parliament’s upper house, the Bundesrat, was secured in its favour.

The law’s ambit extends to all institutions listed as critical infrastructure, which includes transportation, health, water utilities, telecoms, finance and insurance. If caught violating the law, the penalty can be as high as €100,000 ($111,000).

Under the new rules, it is obligatory for these institutions as well as federal agencies to get certification for minimum cyber-security standards. They must also get clearance from the Federal Office of Information Security (BSI) clearance and notify the Office of suspected cyber-attacks. Telecoms operators  will be required to alert customers if their connection is compromised, during a botnet attack for example, or retain records of data traffic for up to six months for use in investigations.

As a result of the new law, the BSI will double up as the international centre for IT security and will be responsible for evaluating reports of breaches to cyber security in critical infrastructure. The right for accessing foreign data related to malware signatures and traces for evaluation remains with the Federal Intelligence Service (BND).  The Federal Office for the Protection of the Constitution (BfV) will assist the BSI in assessing the damage inflicted on accessibility of critical infrastructure during cyber-attacks. However, the responsibility to investigate cyber crimes, such as data spying, intercepting or manipulating, is entrusted to the Office of Criminal Investigation (BKA).

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