The Regulation of Premium Rate Services Order 2024
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Change 1
18 Suspension of arrangements by network operators
(1) This article applies where a network operator has an arrangement in respect of a regulated activity with one of the following PRS providers (“P”)— (a) an intermediary, or (b) a merchant. (2) A network operator must suspend such an arrangement where it has reasonable grounds for suspecting that— (a) there is a security compromise, or a material risk of such a compromise, in P’s payment platform or systems, or (b) P is contravening, or has contravened, one or more requirements imposed by this Order. (3) Where an arrangement has been so suspended, the network operator must not do anything in relation to that arrangement, unless it is satisfied that (as the case may be)— (a) the security compromise in paragraph (2)(a) has been eliminated, (b) the risk of such a compromise in paragraph (2)(a) is not, or is no longer, material, or (c) no action needs to be taken in relation to the suspected contravention. (4) In this article— “connected security compromise” means anything referred to in sub-paragraphs (a) to (f) of the definition of “security compromise” which occurs in relation to another person’s payment platform or systems, and references to P in sub-paragraphs (d) and (f) of that definition are to be read accordingly; “payment platform” means a facility for enabling a charge to be imposed for the provision of a controlled PRS; “security compromise”, in relation to a payment platform or systems, means— anything that compromises the availability, performance or functionality of the payment platform or systems, any unauthorised access to, interference with or exploitation of the payment platform or systems, or anything that enables such access, interference or exploitation, for whatever reason, anything that compromises the confidentiality of signals conveyed by means of the payment platform or systems, anything that causes signals conveyed by means of the payment platform or systems to be lost, unintentionally altered or altered otherwise than by or with the permission of P, anything that occurs in connection with the payment platform or systems and compromises the confidentiality of any data stored by electronic means, anything that occurs in connection with the payment platform or systems and causes any data stored by electronic means to be lost, unintentionally altered or altered otherwise than by or with the permission of P, or anything that occurs in connection with the payment platform or systems and causes a connected security compromise; “systems” means— an electronic communications network, an electronic communications service, any device or group of interconnected or related devices, one or more of which, pursuant to a program, perform automatic processing of digital data, or digital data stored, processed, retrieved or transmitted by elements covered under sub-paragraphs (a), (b) or (c) for the purposes of their operation, use, protection and maintenance, that is used in respect of the provision of a controlled PRS, but it does not include a payment platform.
18 Suspension of arrangements by network operators
(1) This article applies where a network operator has an arrangement in respect of a regulated activity with one of the following PRS providers (“P”)— (a) an intermediary, or (b) a merchant. (2) A network operator must suspend such an arrangement where it has reasonable grounds for suspecting that— (a) there is a security compromise, or a material risk of such a compromise, in P’s payment platform or systems, or (b) P is contravening, or has contravened, one or more requirements imposed by this Order. (3) Where an arrangement has been so suspended, the network operator must not do anything in relation to that arrangement, unless it is satisfied that (as the case may be)— (a) the security compromise in paragraph (2)(a) has been eliminated, (b) the risk of such a compromise in paragraph (2)(a) is not, or is no longer, material, or (c) no action needs to be taken in relation to the suspected contravention. (4) In this article— “connected security compromise” means anything referred to in sub-paragraphs (a) to (f) of the definition of “security compromise” which occurs in relation to another person’s payment platform or systems, and references to P in sub-paragraphs (d) and (f) of that definition are to be read accordingly; “payment platform” means a facility for enabling a charge to be imposed for the provision of a controlled PRS; “security compromise”, in relation to a payment platform or systems, means— anything that compromises the availability, performance or functionality of the payment platform or systems, any unauthorised access to, interference with or exploitation of the payment platform or systems, or anything that enables such access, interference or exploitation, for whatever reason, anything that compromises the confidentiality of signals conveyed by means of the payment platform or systems, anything that causes signals conveyed by means of the payment platform or systems to be lost, unintentionally altered or altered otherwise than by or with the permission of P, anything that occurs in connection with the payment platform or systems and compromises the confidentiality of any data stored by electronic means, anything that occurs in connection with the payment platform or systems and causes any data stored by electronic means to be lost, unintentionally altered or altered otherwise than by or with the permission of P, or anything that occurs in connection with the payment platform or systems and causes a connected security compromise; “systems” means— an electronic communications network, an electronic communications service, any device or group of interconnected or related devices, one or more of which, pursuant to a program, perform automatic processing of digital data, or digital data stored, processed, retrieved or transmitted by elements covered under sub-paragraphs (a), (b) or (c) for the purposes of their operation, use, protection and maintenance, that is used in respect of the provision of a controlled PRS, but it does not include a payment platform.
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