Relevant Laws for Digital Infrastructure

 Relevant laws for Digital Infrastructure 

 

Data Protection Act 2018 (UK GDPR) 

This law governs how you handle personal data. Anytime you’re dealing with customer or employee information, you must ensure that data is stored, processed, and protected properly. Failure to comply can lead to serious fines and loss of trust from customers. What sort of fines? 

Fines for failure to comply with the data protection act depend on how serious the breach is. The ICO states that they can issue fines up to £17.5 million or 4% of the business’s worldwide turnover, whichever number is higher. 

 

Computer Misuse Act 1990 

This makes unauthorised access to computer systems illegal. Whether you’re working in IT support or infrastructure, you’ll need to understand the boundaries of what’s legal when testing or protecting systems. White-hat hacking, for example, needs to follow strict ethical guidelines under this law. What is the average penalty for breaking this law? 

Penalties for illegal computer activity under this law vary for the crime committed. Unauthorised access to a computer could give an offender up to 2 years in prison and a £5,000 fine. If an offender steals or uses the data to commit fraud, then they are liable for up to 10 years in prison and an unlimited fine. Also, if an offender modifies the content stored on a computer they can be given the same sentence. For the most severe cases of computer misuse that threatens national security or welfare, the offender can be held up to life imprisonment. 

 

Communications Act 2003 

This law relates to online abuse and harmful communications. If you work for a company that runs social media accounts or online platforms, you must ensure harmful content is moderated and offensive communication is reported or filtered out. List some consequences for non-compliance. 

Non-compliance with the communications act could lead to the person responsible for a prison sentence of up to 6 months. Depending on the severity of the offence, they could also get a fine. The amount in the fine would be decided by a magistrate’s court depending on the severeness of the offence. 

 

Freedom of Information Act 2000 

This act is mainly for public sector organisations, but it’s still important. If you work in or with public institutions, you might need to know how to handle requests for information and understand how transparency impacts businesses. How is this useful to you? 

The freedom of information act is useful as it allows for data holders to be requested by law to release data to clients and users. This allows the clients to view which data is being stored about them and may educate them to request a removal of data. Businesses must follow strict guidelines when dealing with data requests and cannot legally opt out of a review. 

 

Health and Safety at Work Act 1974 

This isn’t just about physical safety. It covers things like making sure workstations, software, and digital environments are safe for employees (think ergonomic chairs and display screen regulations). Companies need to ensure a healthy workspace even in digital setups, particularly in remote or hybrid work environments. Why is this law relevant and what does it really do in the workplace? 

The health and safety at work act (in the digital sector) ensures that employees who work around or with digital equipment are kept safe at all times. Studies show that employees who work with screens can develop physical problems such as bad posture, eye strain, stress and repetitive strain injury (RSI). This law is relevant to make sure workers are safe when using display screen equipment (DSE) and mitigates these problems from development. It also mandates breaks from screens which is important for employee’s mental and physical health. 

 

Equality Act 2010 

This law promotes fairness and non-discrimination. In digital environments, it means creating accessible websites and digital services for all users, including those with disabilities. Digital inclusion isn’t just a good idea – it's the law. What does this all mean to you in work? 

The equality act ensures that people with a disability are still able to access online digital resources the same as how others would. This promotes digital inclusivity especially in the workplace where employees are all treated equally. This puts a good reputation on the business and a good work atmosphere which can make employees feel more motivated and productive. 

 

Copyright, Designs and Patents Act 1988 

Intellectual property must be protected in the digital world. You need to make sure that any content (e.g., images, software) you or your business use isn’t violating copyright law. It’s important when creating digital products or using online materials. Do you have to take notice of copyright? Why? 

Copyright law is very serious, and breaches can cause major consequences for the offending party. Breaches in copyright can lead to intellectual property claims where the copyright holder is entitled to all revenue made from usage of the protected material. It can also lead to a copyright takedown where the copyrighted material is legally seized from the offending business. Copyright infringements can cost the business lots of revenue and will result in a bad reputation. 

 

Network and Information Systems Regulations 2019 (NIS) 

These regulations aim to boost cybersecurity in essential services (e.g., healthcare, energy). If you’re working in sectors like these, you’ll need to know how to secure networks to protect critical infrastructure from cyber threats. How do you secure a network? 

There are many ways to secure a network from cyber threats. One way would be to perform a penetration test, where an ethical hacker is hired to intentionally break into the network and record any vulnerabilities they find. These vulnerabilities are then reported and fixed accordingly to stop malicious hackers from exploiting them. Another way would be to implement automated tools like IDS which scan the network and report suspicious activity to the IT administrator for them to act accordingly. 

 

Investigatory Powers Act 2016 (Snooper’s Charter) 

This law allows the government to monitor communications. If you’re working in IT or digital support, you need to understand how lawful interception may impact your business, especially in terms of privacy and data security. What could the above mean for a business? 

This law could mean a business having to disclose to its clients who their data may be viewed in compliance with GDPR. It could also mean that a business is held liable for any suspicious activity happening on their network that they do not know about. However, not only do businesses need to abide by this law but the government as well. In 2023 it was revealed that MI5 had been unlawfully storing and handling data it received from the investigatory powers act. 

 

Electronic Communications Act 2000 

This law legally recognises electronic signatures and contracts. If you’re working with digital transactions or documents, it’s important to know how to ensure legal validity in a digital context. Is it important to ensure documents are valid? Why? 

It is important to ensure documents are valid as it ensures the legal standing of the document, and the validity of the clauses signed. Signers should be aware of what documents they are signing, and this law ensures that documents are managed and kept valid. 

 

E-Commerce Regulations 2002 

These regulations ensure transparency for businesses operating online. If your company is involved in e-commerce, you need to provide clear information about your business, ensuring customer rights and consumer protections are in place. Give examples: 

Some e-commerce regulations include: the consumer having knowledge of the company they are buying from such as the name, geographic location and contact information; unsolicited mail promoting a product or service is easily identifiable as advertisements; data given by the consumer to the company when placing an order is required; the factors which need to be accounted for when an order is placed and the right to rescind contract. 

 

Consumer Rights Act 2015 

This act protects consumers in their digital purchases, making sure the products and services (e.g., software) they buy are of satisfactory quality and fit for purpose. It’s vital for those working on digital products to understand how to avoid legal disputes with customers. Give examples. 

The consumer rights act ensures that all digital listings of products and services are described as accurately as possible. It also ensures that all products are of good working order and the quality described is satisfactory. If a business wants to avoid legal disputes, they should ensure that they conduct product research and listen to reviews to make listings as accurate as possible and write valid descriptions for each product or service for sale. 

 

Digital Economy Act 2017 

This act covers digital copyright infringement, broadband infrastructure, and data sharing. If you’re working in sectors like telecommunications or digital services, this law helps protect content and ensures responsible data use. 

 

Regulation of Investigatory Powers Act 2000 (RIPA) 

This law allows authorities to monitor digital communications under strict rules. As a business dealing with digital services, understanding how your communications could be intercepted is important for compliance and ensuring the protection of user data. Give an example of when and how this has been used. 

The regulation of investigatory powers act has been used in very severe cases. Mainly, this law has been used to intercept and foil terrorist plots that threaten the UK’s security. Digital communications can also be monitored by the government for suspicious activities like drug trafficking and other illegal trades. 

 

Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 

This law allows businesses to monitor their own communications, but only under specific circumstances. It’s useful for maintaining network security, but you need to follow strict guidelines to avoid breaching privacy laws. The point of this law is? 

The point of this law is so businesses can maintain cyber security practices and protect the data that they hold. For example, a business can lawfully install monitoring software on their network to flag and regulate suspicious traffic that may be a threat to their security.