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Title: Cyber Security Management Act CH
Announced Date: 2018-06-06
Category: Executive Yuan(行政院)
Chapter I. General Provision
Article 1
This Cyber Security Management Act (hereinafter referred to as the Act) is duly stipulated in an effort to positively carry out the national cyber security policy, accelerate the construction of environment for national cyber security to safeguard national security, and protect public interests of the entire society.
Article 2
The competent authority over the Act is the Executive Yuan.
Article 3
The terms under the Act are defined as follows:
1. Information and communication system: That refers to the system to be used to collect, control, transmit, store, circulate, delete information or to make other processing, using and sharing of such information.
2. Information and communication service:That refers to the service to be used to collect, control, transmit, store, circulate, delete information or to make other processing, use and sharing of such information.
3. Cyber security: That refers to such effort to prevent information and communication system or information from being unauthorized access, use, control, disclosure, damage, alteration, destruction or other infringement to assure theconfidentiality, integrity and availability of information and system.
4. Cyber security incident: That refers to an event where the state of the system, service or network ,through identification, likely shows violation of the cyber security policy, or failure of the security protective measures, thus adversely affect performance of information and communication system function, and constitute a threat against the cyber security policy.
5. Government agency: That refers to central, local government agency (institution) or public juristic person that exercises public power according to law, excluding military and intelligence agency.
6. Specific non-government agency: That refers to critical infrastructure provider, government-owned enterprises and government-endowed foundation.
7. Critical infrastructure: That refers to asset, system or network, either physical or virtual, once discontinued from operation or becoming less effective, would lead to significant negative impact upon the national security, public interests, living standard of citizenand economic activities. Which shall be re-examined and promulgated by the competent authority regularly.
8. Critical infrastructure provider: That refers to the ones who maintain or provide critical infrastructure either in whole or in part, as designated by the central authority in charge of relevant industry, which shall be submitted to the competent authority for ratification.
9. Government-endowed foundation: That refers to a foundation of which the operation and capital employment plan of its funds shall be submitted to the Legislative Yuan in accordance with Paragraph 3 of Article 41 of the Budget Act and its annual budget statement shall be submitted to the Legislative Yuan for deliberation in accordance with Paragraph 4 of the same Article.
Article 4
In an effort to promote cyber security, the government shall provide resources, andintegrate themomentum of both civilian groups and privatesectors, and boost cyber security awareness of all people, and implement the following issues:
1. Cultivation of cyber security professionals.
2. Cyber security technology researchand development, integration,application, and industry-academia cooperation, as well as interchange and cooperation withinternational community.
3. Development of cyber security industry.
4. Development of cyber security related software and hardware specifications, relevant services and verification mechanism.
Issues Promotion in the preceding Paragraph shall be stipulated by the competent authority under the national cyber security program.
Article 5
The competent authority shall planand promote the cyber security policy,and the cyber security technology development,and interchange and cooperation with international community,and the comprehensive cyber security protection relevant undertakings, as well as announce the report of national cyber security status, the summary auditing report on the implementation of the cyber security maintenanceplan for the government agency, and the national cyber security program.
The status report, summary auditing report and the national cyber security programs of the preceding Paragraphshall be submitted to the Legislative Yuan for review.
Article 6
The competent authority may commission or entrust other government agency, juristic person or organization to implement integrated protection of cyber security, interchange and cooperation with international community, and other cyber security related issues.
The government agency, juristic person or organization, or second-tier subcontractorof the preceding Paragraph shall not divulge the secret of critical infrastructure provider which becomes known in the process of enforcement or implement of relevant issues.
Article 7
The competent authority shall stipulate the cyber security responsibility levels byconsideringthe criteria on theimportance, confidentiality and sensitivity of the business, the hierarchy of the agency, and thecategory, quantity and attribute of the information reserved or processed, as well as the scale and attribute of the information and communication system of the government agency and specific non-government agency. The relevant regulations regard thebaseline for responsibility levels, application for a change in the level, content of obligation, staffing of dedicated personnel and other regulations and issues concerned shall be stipulated by the competent authority.
The competent authority may audit a specific non-government agency in its implementation of cyber security maintenance plan, of which the frequency, content, method and other issues concerned shall be stipulated by the competent authority.
A specific non-government agency is audited as per preceding Paragraph, and found defective or needing improvement in the cyber security maintenance program, it shallsubmit the improvement report to the competent authority and tothe central authority in charge of relevant industry.
Article 8
The competent authority shall set up the cyber security information sharing mechanism.
Regulation regarding analysis, integration, and the sharing of content, procedure and method, and other matters of the cyber security information in the preceding Paragraph shall be stipulated by the competent authority.
Article 9
A government agency or specific non-government agencyoutsources for setup, maintenance of the cyber security system, or for provision of cyber security services, such government agency or specific non-government agency shall, within the realm of this Act, take into account outsourced party’s professional capability and hands-on experience, as well as attribute of the outsourced item and requirement of cyber security, select the appropriate party for outsourcing and oversee its cyber security maintenance service.
Chapter II. Government Agency Cyber Security Management
Article 10
A government agency shall satisfy the requirements of the cyber security responsibility level, and take into account the category, quantity and attribute of the informationreserved or processed, along with the scale and attribute of the information and communication system, to stipulate, amend and implement the cyber security maintenance plan.
Article 11
A government agency shall staff the position of Cyber Security Officer, which to be concurrently served by the deputy head or other appropriate personnel as designated by the agency head. The Cyber Security Officer shall assume the responsibility to carry out and oversee the cyber security business of the agency.
Article 12
A government agency shall submit to the superior or supervisory authority about the implementation of the cyber security maintenance planannually. Without such superior authority, the implementation report of the cyber security maintenance program shall be submitted to the competent authority.
Article 13
A government agency shall audit the subordinate authority under its supervision about the implementation of the cyber security maintenance plan.
When an agency is audited and found defective or needing improvement in the cyber security maintenance plan, it shall submit the improvement report to the auditing agency and the superior or the supervisory authority.
Article 14
To cope with cyber security incident, a government agency shall stipulate the reporting and responding mechanism.
When privy to a cyber securityincident, thegovernment agency shall report to the superior or supervisory authority as well as tothe competent authority. Without such superior authority, the government agency shall report to the competent authority.
A government agency shall file a report on the investigation, handlingand improvement on the cyber security incident, and shall submit the report to the superior or supervisory authority as well as the competent authority. Without a superior authority, the government agency shall submit to the competent authority.
Regulations regarding the essentials of the reporting and responding mechanism, content of notification, submittal of report and other matters in the three preceding Paragraphs shall be stipulated by the competent authority.
Article 15
Personnel with proven performance in cyber security maintenance, a government agency shall present incentive award.
Regulations for such incentive award in the preceding Paragraph shall be stipulated by the competent authority.
Chapter III. Specific Non-Government Agency Cyber Security Management
Article 16
The central authority in charge of relevant industryshall, after consulting with the relevant government agency, civil associations, scholars and experts for their opinions, designate the critical infrastructure provider and submit to the competent authority for approval, while notifying the approved provider in writing.
A critical infrastructure provider shall satisfy the requirements of the cyber security responsibility level , and take into account the category, quantity and attribute of the informationreserved or processed, along with the scale and attribute of the information and communication system, to stipulate, amend and implement the cyber security maintenance plan.
A critical infrastructure providershall submit to the central authority in charge of relevant industry about the implementation of the cyber security maintenanceplan.
The central authority in charge of relevant industryshall audit the critical infrastructure provider about the implementation of the cyber security maintenance plan.
When a critical infrastructure provider is audited and found defective or needing improvement in the cyber security maintenance plan, it shall submit the improvement report to the central authority in charge of relevant industry.
Regulations regarding the essentials of the cyber security maintenance plan, and submittal of the implementation,audit frequency, contents and methods,submittal of the improvement reports and other matters in Paragraph 2 to Paragraph 5 shall be drafted by the central authority in charge of relevant industry, and submit to the competent authority for approval.
Article 17
A specific non-government agency other than critical infrastructure provider,shall satisfy the requirements of the cyber security responsibility level, and take into account the category, quantity and attribute of the informationreserved or processed, along with the scale and attribute of the information and communication system, to stipulate, amend and implement the cyber security maintenance plan.
The central authority in charge of relevant industry may request the specific non-government agency under their charge mentioned in the preceding Paragraph, to submit a report about implementation of the cyber security maintenance plan.
The central authority in charge of relevant industry may audit the specific non-government agency under their charge mentioned in the Paragraph 1 regarding their implementation of the cyber security maintenance plan. Whenfound defective or needing improvement in the cyber security maintenance plan, the audited specific non-government agencyshall be required to submit an improvement report before a specified date.
Regulations regarding the essentials of the cyber security maintenance plan, and submittal of the implementation, audit frequency, contents and methods, submittal of the improvement reports and other matters in preceding three Paragraphs shall be drafted by the central authority in charge of relevant industry, and submit to the competent authority for approval.
Article 18
To cope with cyber security incident, a specific non-government agency shall stipulate the reporting and responding mechanism.
When privy to a cyber security incident, a specific non-government agency shall report to the central authority in charge of relevant industry.
A specific non-government agency shall file a report on the investigation, handling and improvement on the cyber security incident and shall submit the report to the central authority in charge of relevant industry. In case of a severe cyber security incident, it shall further notify the competent authority.
Regulations regarding the essentials of the reporting and responding mechanism, content of notification, submittal of report and other matters in the three preceding Paragraphs shall be stipulated by the competent authority.
When privy to asevere cyber security incident, the competent authority or the central authority in charge of relevant industry may, in a timely manner, promulgate the essential contents of the incident and coping measures and render relevant support.
Chapter IV. Penalties
Article 19
Personnel of a government agency shall be subject to discipline or penalty in accordance with the relevant regulations if failing to comply with the regulation of the Act.
Regulations for such penalty in the preceding Paragraph shall be stipulated by the competent authority.
Article 20
If aspecific non-government agencyhas one among those enumerated below transpired, the central authority in charge of relevant industryshall order it to completecorrective actions within the specified time limit. If it fails to completecorrective actions within the specified time limit, it shall be subject to a fine ranging from NT$100,000 as the minimum to NT$1,000,000 as the maximum for each offense:
1. If it fails to stipulate, amend or implementthe cyber security maintenance planin accordance withParagraph2 of Article 16 or Paragraph1 of Article 17, orviolates the essential itemsin the cyber security maintenance planunderParagraph 6 of Article 16 or Paragraph 4 of Article 17.
2. If it fails to submit the report on implementation of the cyber security maintenance plan to the central authority in charge of relevant industry in accordance with Paragraph 3 of Article 16 or Paragraph 2 of Article 17, or fails the requirements with the submittal of the implementation of the cyber security maintenance plan stipulated under Paragraph 6 of Article 16 or Paragraph 4 of Article 17.
3. If it fails the requirements under Paragraph 3 of Article 7, Paragraph 5 of Article 16 or Paragraph 3 of Article 17, unable to submit the improvement reports to the competent authority, the central authority in charge of relevant industry, or violates the regulation with the submitting of the improvement report under Paragraph 6 of Article 16 or Paragraph 4 of Article 17.
4. If it fails to stipulate the reporting and responding mechanismof cyber security incidentin accordance withParagraph1 of Article 18, or violates the essential items inthe reporting and responding mechanismunder Paragraph4 of Article 18.
5. If it failsthe requirementsunderParagraph 3 of Article 18, unable to submit the cyber security investigation, handling and improvement reportsregardingcyber security incidents to the central authority in charge of relevant industryor the competent authority, or violate the regulation with the submitting of thereport underParagraph 4 of Article 18.
6. If it violates the regulation regarding the contents of notification under Paragraph 4 of Article 18.
Article 21
A specific non-government agency violates the provisions Paragraph 2 of Article 18, by failing to report a cyber security incident, the central authority in charge of relevant industry shall impose a fine ranging from NT$300,000 as the minimum to NT$5,000,000 as the maximum, and shall order it to complete improvement within a specified time limit.If it fails to complete such requirement within the specified time limit, apenalty for each additional offense shall be re-imposed.
Chapter V. Supplementary provisions
Article 22
The enforcement rules of the Act shall be stipulated by the competent authority.
Article 23
The implementation date of the Act shall be stipulated by the competent authority.