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Cybersecurity: EU Law

Asked by John GlenConservativeDepartment for Business and TradeTabled Answered 2 September 2024UIN 2301

The question

To ask the Secretary of State for Business and Trade, whether organisations in the United Kingdom are subject to assimilated EU law restrictions mandating kernel level software access.

Answered by Justin Madders

Under Article 95(2) of the Withdrawal Agreement the European Commission continues to be responsible for monitoring and enforcing commitments given, or remedies imposed in, or in relation to, the United Kingdom in connection with competition concerns, unless that responsibility is transferred to the CMA.

Commitments given in relation to kernel level software access have not been transferred to the CMA and consequently, UK organisations remain bound by any commitments they have made to the European Commission, who have the power to monitor and enforce these. These commitments are not classified as assimilated EU law.

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