ORDER OF THE DIRECTOR OF THE COMMUNICATIONS REGULATORY AUTHORITY OF THE REPUBLIC OF LITHUANIA

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1 ORDER OF THE DIRECTOR OF THE COMMUNICATIONS REGULATORY AUTHORITY OF THE REPUBLIC OF LITHUANIA ON THE AMENDMENT OF THE ORDER NO. 1V-1013 ON THE APPROVAL OF THE RULES ON THE ENSURANCE OF SECURITY AND INTEGRITY OF PUBLIC COMMUNICATIONS NETWORKS AND PUBLIC ELECTRONIC COMMUNICATIONS SERVICES OF 21 OCTOBER 2011 OF THE DIRECTOR OF THE COMMUNICATIONS REGULATORY AUTHORITY OF THE REPUBLIC OF LITHUANIA 23 June 2015 No. 1V-776 Vilnius Pursuant to Paragraph 3 of Article 42 1 of the Law on Electronic Communications of the Republic of Lithuania and Items 1, 2 and 3 of Paragraph 1 of Article 8 of the Cybersecurity Law of the Republic of Lithuania: 1. I h e r e b y a m e n d the Order No. 1V-1013 of 21 October 2011 of the Director of the Communications Regulatory Authority of the Republic of Lithuanian On the Approval of the Rules on the Ensurance of Security and Integrity of Public Communications Networks and Public Electronic Communications Services : 1.1. I amend the title and set it forth as follows: ON THE APPROVAL OF THE RULES ON THE ENSURANCE OF SECURITY AND INTEGRITY OF PUBLIC COMMUNICATIONS NETWORKS, PUBLIC ELECTRONIC COMMUNICATIONS SERVICES AND ELECTRONIC INFORMATION HOSTING SERVICES I amend the preamble and set it forth as follows: Pursuant to Article 42 1 of the Law on Electronic Communications of the Republic of Lithuania, Items 1, 2 and 3 of Paragraph 1 of Article 8 of the Cybersecurity Law of the Republic of Lithuania and implementing Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a Common Regulatory Framework for Electronic Communications Networks and Services (Framework Directive) (OJ 2004, Special Edition, Chapter 13, Volume 29, p. 349) as last amended on 25 November 2009 and the Directive 2009/140/EC of the European Parliament and of the Council (OJ 2009 L 337, p. 37): I amend Item 1 and set it forth as follows: 1. I a p p r o v e the Rules on the Ensurance of Security and Integrity of Public Communications Networks, Public Electronic Communications Services and Electronic Information Hosting Services (attached) I amend the Rules on the Ensurance of Security and Integrity of Public Communications Networks and Public Electronic Communications Services approved by the referred order and set them in the new wording (attached). 2. I d i r e c t to publish this order in the Register of Legal Acts. Director Feliksas Dobrovolskis

2 APPROVED BY the Order No. 1V-1013 of 21 October 2011 of the Director of the Communications Regulatory Authority of the Republic of Lithuania (New version of the Order No. 1V-776 of 23 June 2015 of the Director of the Communications Regulatory Authority of the Republic of Lithuania) THE RULES ON THE ENSURANCE OF SECURITY AND INTEGRITY OF THE PUBLIC COMMUNICATIONS NETWORKS, PUBLIC ELECTRONIC COMMUNICATIONS SERVICES AND ELECTRONIC INFORMATION HOSTING SERVICES I. GENERAL PROVISIONS 1. The Rules on the Ensurance of Security and Integrity of Public Communications Networks, Public Electronic Communications Services and Electronic Information Hosting Services (hereinafter referred to as the Rules) govern the rights and obligations of public communications networks and/or public electronic communications service providers in ensuring the security and integrity of public communications networks and/or public electronic communications services provided by them, the rights and obligations of electronic information hosting service providers ensuring security and integrity of electronic information hosting services provided by them, the terms and conditions for provision of information on cyber- or security incidents (hereinafter - the Incidents) and/or breaches of integrity, the applied incident management measures and technical information for the assessment of the cybersecurity condition of public communications networks, public electronic communications services and/or electronic information hosting services to the Communications Regulatory Authority of the Republic of Lithuania (hereinafter - the Authority) as well as the procedure for investigation of incidents and breaches of integrity. 2. Definitions used in these Rules: 2.1. Electronic Data shall mean data processed by means of information technologies Denial of Service, DoS, shall mean the action, which interferes with the work of public communications network and/or information system, or the provision of services provided via the public communications network System Compromise shall mean unlawful use of information system resources and/or unauthorized access to the information system 2.4. Malicious Software shall mean a software or a part thereof designed to unlawfully connect to or enabling an unauthorized access to an information system or a public communications network, disruption or alteration, also for take-over of the management of the operations of the information system or public communications network, destruction, damage, deletion or change of electronic data, elimination or restriction of the possibility to use electronic data, allowing for the misappropriation or other use of non-public electronic data for people, who do not have the right to do so Malicious Act shall mean an act or omission implying a threat to the security and integrity of public communications networks, public electronic communications services and/or electronic information hosting services Unlawful Use of Electronic Data shall mean the appropriation, distribution and publication of electronic data, their replacement by other electronic data, distortion of electronic data or another unlawful use thereof Breach of Integrity malfunction of a public communications network or a part thereof disrupting uninterrupted provision of public electronic communications services or electronic information hosting services provided over this network, or damage of equipment used by the

3 electronic information hosting service provider disrupting continuous provision of electronic information hosting services Rules on the Management of the Security of Public Communications Networks and Services shall mean the entirety of documents approved by public communications network and/or public electronic communications service providers establishing technical and organizational measures for the ensurance of security and integrity of public communications networks and/or public electronic communications services Other terms used in the Rules are defined in the Law on Electronic Communications of the Republic of Lithuania, Cybersecurity Law of the Republic of Lithuania, Law on Provision of Information to the Public of the Republic of Lithuania and the Law on the Protection of Minors against the Detrimental Effect of Public Information of the Republic of Lithuania. II. RIGHTS AND OBLIGATIONS OF THE PUBLIC COMMUNICATIONS NETWORKS AND/OR PUBLIC ELECTRONIC COMMUNICATIONS SERVICE PROVIDERS ENSURING THE SECURITY AND INTEGRITY OF THEIR SERVICES 3. Public communications networks and/or public electronic communications service providers must: 3.1. implement the appropriate technical and organizational measures ensuring the safety of public communications networks and/or public electronic communications services provided by them; these measures shall ensure the level of security complying with the posed threat, and prevent security incidents from happening, or reduce their impact on the public communications networks and/or public electronic communications services; 3.2. implement the appropriate technical and organizational measures ensuring that the traffic of false Internet Protocol (IP) addresses will be blocked in the public communications networks provided by them; 3.3. implement the appropriate technical and organizational measures ensuring that the traffic of the denial of service attacks will be blocked in the public communications networks provided by them; 3.4. implement the appropriate technical and organizational measures to ensure the integrity of their public communications networks for the continuous provision of public electronic communication services over these networks; 3.5. implement the appropriate technical and organizational measures to ensure the security of equipment used for provision of public communications networks and/or public electronic communications services; 3.6. approve and regularly update the Rules on the Management of the Security of Public Communications Networks and Services and follow them, and on the Authority's request, submit them to the Authority. The Rules on the Management of the Security of Public Communications Networks and Services shall specify the following: the descriptions of measures necessary for the management of incidents and breaches of integrity; the plan for the ensurance of continuity of the provision of public communications networks and/or public electronic communications services and application conditions thereof; the functions and responsibility of persons in charge of the management of incidents and breaches of integrity; the procedure and conditions for inspecting and testing of the equipment used for the provision of public communications networks and/or public electronic communications services; 3.7. immediately free of charge inform the recipients of public electronic communications services about the malfunctions of public communications networks and/or public electronic communications services due to an incident and/or breaches of integrity classified as having medium or high impact (according to Annex 1 to the Rules);

4 3.8. inform free of charge the recipients of public electronic communications services about the measures that the recipients of public electronic communications services may take advantage of to eliminate the risk of the incidents and/or breaches of integrity associated with the terminal equipment of the recipients of public electronic communications services and indicate the likely costs of the use of such measures; 3.9. not later than before 5 working days inform the public electronic communications service recipients about scheduled works involving the probability of disruption of the security and/or integrity of public communications networks and/or public electronic communications services; publicly announce the recommendations for the public electronic communication service recipients about the measures ensuring cybersecurity when using services of the public communications networks and/or public electronic communications providers. 4. Providers of public communications networks and/or public electronic communications services have the right to take urgent measures, including temporary restrictions on provision of public communications networks and/or public electronic communications services for the recipients of these services, when the incident and/or a breach of integrity has occurred or the threat of the incident and/or a breach of integrity is apparent. III. RIGHTS AND OBLIGATIONS OF THE ELECTRONIC INFORMATION HOSTING SERVICE PROVIDERS WHEN ENSURING THE SECURITY AND INTEGRITY OF THEIR SERVICES 5. Providers of electronic information hosting service must: 5.1. implement the appropriate technical and organizational measures ensuring cybernetic security in order to ensure safety of electronic information hosting services provided by them; these measures shall ensure the level of security complying with the posed threat, and prevent security incidents from happening, or reduce their impact; 5.2. if necessary, in co-operation with the providers of public communications networks and/or public electronic communications services take the necessary measures ensuring cybernetic security; 5.3. implement the appropriate technical and organizational measures ensuring the security of their equipment used for provision of electronic information hosting services; 5.4. immediately and free-of-charge inform the electronic information hosting service recipients about the incident and/or breach of integrity related to the hosting of electronic information services classified to have medium or high impact (according to Annex 1 to the Rules); 5.5. not later than before 5 working days inform the electronic information hosting service recipients about scheduled works involving the probability of disruption of the security and/or integrity of electronic information hosting services; 5.6. publicly or otherwise inform the electronic information hosting service recipients about the countries where their electronic information that is being created, managed or presented for storage using electronic information hosting services may be stored and about the cases when information is transferred to other countries; 5.7. immediately terminate access to the information contained in their server in the following cases: if so required by the court; if the electronic information hosting service provider receives the notification from the Authority or otherwise becomes aware of the information stored in their server, publicizing and/or distribution of which is prohibited by the laws of the Republic of Lithuania, and the termination of the access is technically possible; 5.8. establish procedures for alerting the electronic information hosting service recipients on electronic information hosting security breaches and actions that the recipients and/or providers of electronic information hosting services must take in such case;

5 5.9. publicly announce the recommendations for the recipients of electronic information hosting services about the measures ensuring cybernetic security when using electronic information hosting services. 6. Providers of electronic information hosting services have the right: 6.1. to take urgent measures, including temporary restrictions on provision of electronic information hosting services for the recipients of these services when the incident and/or breach of integrity has occurred or the threat of the incident and/or breach of integrity is apparent; 6.2. to determine what electronic data can be used, stored, made public and processed using electronic information hosting services provided by them; 6.3. to restrict temporarily or to discontinue provision of electronic information hosting services to the recipients, having warned them in advance, if the recipients of electronic information hosting services have been identified to carry out malicious activity through the services; 6.4. to conduct periodic revision of publicly available electronic data in the servers of the electronic information hosting service provider in order to ensure compliance with the requirements of the legislation prohibiting publicizing and/or distribution of certain information. IV. PROCEDURE AND CONDITIONS FOR THE PROVISION OF INFORMATION ABOUT THE INCIDENTS AND/OR BREACHES OF INTEGRITY AS WELL AS MEASURES TAKEN FOR THEIR MANAGEMENT 7. Providers of public communications networks, public electronic communications services and/or electronic information hosting services must: 7.1. inform the Authority about: the following incidents: denial of service; information system compromise; unlawful use of electronic data; acts related to the malicious software; breaches of integrity; 7.2. inform the Authority immediately after the determination of the incident and/or breach of integrity: about determined incidents and/or breaches of integrity, which are having or had earlier a high impact (according to Annex 1 to the Rules) on the recipients of public communications networks, public electronic communications services and/or electronic information hosting services provided by them; about determined incidents and/or breaches of integrity, which have or may have a high impact (according to Annex 1 to the Rules) on the security and/or integrity of public communications networks, public electronic communications services and/or electronic information hosting services, as well as information systems, provided by other providers of public communications networks, public electronic communications services and/or electronic information hosting services of the Republic of Lithuania; 7.3. inform the Authority not later than within 1 working day after the incident and/or breach of integrity is found: about determined incidents and/or breaches of integrity, which are having or had earlier a medium impact (according to Annex 1 to the Rules) on the recipients of public communications networks, public electronic communications services and/or electronic information hosting services provided by them; about determined incidents and/or breaches of integrity, which have or may have a high impact (according to Annex 1 to the Rules) on the security and/or integrity of public communications networks, public electronic communications services and/or electronic information hosting services, as well as information systems, provided by other providers of public

6 communications networks, public electronic communications services and/or electronic information hosting service of the Republic of Lithuania; 7.4. inform the Authority about the events referred to in subparagraphs 7.2 and 7.3 of the Rules electronically following the procedure, which is described on the website in the absence of such a possibility, to submit a notification by at according to the form set out in Annex 2 of the Rules, encrypting the contents of the notification by the public key 0xA3BACE47; in the absence of such possibilities, inform the Authority by telephone (8 5) or fax (8 5) ; 7.5. submit to the Authority contact information of the person in charge, whom to contact with on a round-the-clock basis, and also with his address, so that the Authority and the providers of public communications networks, public electronic communications services and/or electronic information hosting services would be able to immediately exchange information about incidents and/or breaches of integrity, as well as their management arrangements; if the person in charge or his contact information changes, the updated information has to be provided to the Authority no later than on the next working day following the change of data. 8. Providers of public communications networks, public electronic communications services and/or electronic information hosting services have the right to inform the Authority by their own choice about other important events relating to the security and integrity of public communications networks, public electronic communications services and/or electronic information hosting services. V. PROCEDURE AND CONDITIONS FOR SUBMISSION OF TECHNICAL INFORMATION REQUIRED FOR THE ASSESSMENT OF THE CYBERSECURITY STATUS OF PUBLIC COMMUNICATIONS NETWORKS, PUBLIC ELECTRONIC COMMUNICATIONS SERVICES AND/OR ELECTRONIC INFORMATION HOSTING SERVICES 9. Providers of public communications networks, public electronic communications services and/or electronic information hosting services are required to provide the Authority with the technical information necessary for the assessment of the state of cybernetic security of public communications networks, public electronic communications services and/or electronic information hosting services. 10. The information specified in Paragraph 9 of the Rules shall be provided: at the request of the Authority, following the formats and time limits required; at the request of the provider of public communications networks, public electronic communications services and/or electronic information hosting services. 11. When providing the information referred to in Paragraph 9 of the Rules the requirements of the Law of the Republic of Lithuania on Legal Protection of Personal Data must be complied with. VI. INVESTIGATION OF INCIDENTS AND VIOLATIONS OF THE INTEGRITY 12. Having assessed the risk level of the registered incident and/or breach of integrity according to Annex 1 to the Rules, the Authority takes the necessary steps to investigate the incident and/or breach of integrity and to clarify all circumstances specified in the notification of the provider of public communications networks, public electronic communications services and/or electronic information hosting service: investigation of incidents and/or breach of integrity, which have been classified as having a high impact (according to Annex 1 to the Rules), shall be started immediately upon the receipt of the notification of the public communications networks, public electronic communications services and/or electronic information hosting service provider; investigation of incidents and/or breaches of integrity, which have been classified as having medium impact (according to Annex 1 to the Rules), shall be started only upon the

7 completion of the investigations of the incidents and/or breaches of integrity having a high impact (according to Annex 1 to the Rules), or no later than within 3 working days from the day of the receipt of the notification on an incident and/or breach of integrity by the public communications networks, public electronic communications services and/or electronic information hosting service provider. 13. If during the assessment of the registered incident and/or breach of integrity it has been found that the notification on an incident and/or breach of integrity submitted by a provider of public communications networks, public electronic communications services and/or electronic information hosting services contains not all information specified in Annex 2 to the Rules, the information is inaccurate or incomplete, the Authority shall inform the provider of public communications networks, public electronic communication services and/or electronic information hosting services, who has submitted the notification, and set at least 1 day period to complete and/or correct the notification. 14. When performing investigations of the incidents and/or breaches of integrity the Authority shall communicate information within its competence: to the State Data Protection Inspectorate about any incident related to personal data security breaches and personal data security breaches; to the police, if any signs of criminal activity are detected; to the Cyber Security and Telecommunications Service under the Ministry of National Defence about the incidents that may affect the State information resources and/or activities of the critical information infrastructure. 15. The Authority shall ensure protection of confidential information obtained in the course of investigation of the incidents and/or breaches of integrity from unauthorized disclosure of such information, as well as shall ensure that this information is not disclosed, copied or used for other purposes, which may cause negative consequences for the person, who submitted confidential information, with the exception of the cases provided for in legal acts. 16. If necessary, the Authority shall inform the Office of the Government of the Republic of Lithuania, the national regulatory authorities of other European Union Member States, the European Network and Information Security Agency and the public about the incident and/or breach of integrity. 17. The Authority regularly collects information on notifications submitted by the public communications networks, electronic communications services and/or public electronic information hosting service providers and the actions taken, and annually provides the summarized information to the European Commission and the European Network and Information Security Agency. VII. FINAL PROVISIONS 18. For violation of the Rules the providers of public communications networks, public electronic communications services and/or electronic information hosting services shall be responsible according to the procedure prescribed by law. Annex 1 to the Rules on the Ensurance of the Security and Integrity of Public Communications Networks, Public Electronic Communications Services and Electronic Information Hosting Services

8 TABLE FOR THE ASSESSMENT OF THE IMPACT OF DISRUPTIONS OF THE PROVISION OF PUBLIC COMMUNICATIONS NETWORKS, PUBLIC ELECTRONIC COMMUNICATIONS SERVICES AND/OR ELECTRONIC INFORMATION HOSTING SERVICES TO RECIPIENTS Duration of service disruption Number of service recipients or % of the total number of service recipients of a provider Longer than one hour but shorter than two hours Impact Longer than two hours >1000 or > 5 % Medium High Where the number of recipients of services is unknown, area of service coverage within the city territory > 1 km 2 Medium High Where the number of recipients of disrupted services is unknown, area of service disruption coverage outside the city territory > 10 km 2 Medium High

9 Annex 2 to the Rules on the Ensurance of the Security and Integrity of Public Communications Networks, Public Electronic Communications Services and Electronic Information Hosting Services (name of legal entity or full name of natural person) (address of the registered office of legal entity or permanent residence of natural person) (telephone, fax, ) To: Communications Regulatory Authority of the Republic of Lithuania Algirdo St. 27A, LT Vilnius Tel.: (8 5) , fax: (8 5) NOTIFICATION ON AN INCIDENT AND/OR A BREACH OF INTEGRITY Contact information Description of an incident and/or abreach of integrity Management of an incident and/or a breach of integrity Other important information No. (date) (place of conclusion) Full name of the person in charge of the management of cybernetic or security incident (hereinafter - the Incident) and/or a breach of integrity: Position: Address: Telephone, Type: Time: Description of the damaged public communications networks, public electronic communications services and/or electronic information hosting services, information systems, software, etc.: Information about the causes of an incident and/or a breach of integrity: Description of an incident and/or a breach of integrity (please, give as much details as possible): The approximate number of the service recipients, whom an incident and/or a breach of integrity caused damage to, or the percentage of the total number of the provider's service recipients: Applied (scheduled to be applied) measures and/or actions taken (or scheduled to be taken) for the management of an incident and/or a breach of integrity

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