MACAU SAR, CHINA Law and Practice Contributed by: Pedro Cortés and Luís Rôlo, Lektou
lent isotropically radiated power (PIRE) of 1 W, are exempt from prior government authorisation. Security requirements for telecommunications services Under Macau Cybersecurity Law (Law No 13/2019), operators of public telecommunica - tions networks and providers of telecommuni - cations services for public land or mobile use are deemed “operators of critical infrastructure”. Security requirements for private operators of critical infrastructures include the following. • Create Cybersecurity Management Units capable of executing internal protection measures. • Equip Cybersecurity Management Units with adequate human, financial, material, and property resources. • Designate the main person responsible for cybersecurity and their substitute, who must reside habitually in Macau. • Ensure that the main person responsible for cybersecurity and their substitute are perma - nently reachable by the CARIC (Cybersecurity Incident Response Center). • Set up mechanisms for complaints and reports related to cybersecurity. In terms of procedures, the private operators of critical infrastructures must: • establish a cybersecurity management regime and respective internal operational proce - dures; • adopt, in accordance with the cybersecurity management regime and applicable technical standards, internal measures for protection, monitoring, alerting, and responding to cyber - security incidents;
• inform the CARIC of the occurrence of cyber - security incidents and notify the respective supervisory entity, as well as immediately ini - tiate actions to respond to serious incidents; and • monitor and record the operational status of the network. 6.2 Net Neutrality Regulations There is currently no specific legislation on net neutrality in the MSAR. However, the principle is embodied in the Administrative Regulation No 24/2002 (Provision of internet services), which stipulates that the provider must ensure equal access to the services provided to those who meet the required criteria and comply with the conditions imposed by the applicable legal and regulatory provisions, starting the provision as soon as possible. Administrative Regulation 7/2002 has an identical provision, for public tel - ecommunications networks. 6.3 Emerging Technologies The legal framework of telecommunications has not been amended to accommodate the new technologies. As an example, the public tender for granting 5G licences was launched by an Executive Order of the Chief Executive, under the applicable provi - sions of Administrative Regulation 7/2002. Companies integrating emerging technologies should refer to the legal and regulatory frame - work of telecommunications, personal data pro - tection and cybersecurity, among others.
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