Telecommunications Management Act, Cyber Security and Critical Infrastructure Protection Plans
Arts. 15 42, 76 and 79 of the Telecommunications Management Act (電信管理法), enacted June 26, 2019, effective July 1, 2020 for the provisions cited here
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What follows is LexLint's own research summary of this law, not legal advice.
In force since 1 July 2020.
A sector security regimes rule binding private bodies.
As of 19 September 2026.
What it requires
- This binds a telecommunications enterprise that has established a public switched telecommunications network (PSTN) using allocated telecommunications resources, or another telecommunications enterprise the competent authority separately announces is bound; an enterprise the competent authority has not so designated, and that has not established such a network, carries no duty under this row.
- Draw up an info-communications security maintenance plan covering the management scope and classification of covered systems, compliance-verification measures, plan-implementation measures, and joint-defense and incident-response measures, and implement it.
- Where the competent authority designates the enterprise's PSTN, in whole or in part, as critical telecommunications infrastructure, additionally draw up a critical telecommunications infrastructure protection plan before the competent authority's own deadline, submit it for the competent authority's evaluation before implementing it, and comply with the technical specifications for info-communications security evaluation the competent authority sets for that infrastructure.
- The Ministry of Digital Affairs, not the National Communications Commission, has held the competent-authority role over both duties since Aug. 27, 2022.
- Failing to draw up or implement the general maintenance plan draws a fine of NT$100,000 to NT$1,000,000; failing to submit or implement an approved critical-infrastructure protection plan draws a separate fine of NT$200,000 to NT$2,000,000; both escalate for continued non-correction.
If you get it wrong
Criminal exposureNo
Private right of actionNo
Criminal exposure note
Articles 76 and 79 punish a maintenance-plan or protection-plan failure with an administrative fine and a correction order; no provision reviewed here makes either failure, standing alone, a criminal offense.
Penalty structure
Two separate tiers share this instrument. Article 79's range for failing to draw up or implement the general Article 15 info-communications security maintenance plan is NT$100,000 to NT$1,000,000. Article 76's range for failing to submit or implement an approved Article 42 critical telecommunications infrastructure protection plan is NT$200,000 to NT$2,000,000, the higher figure recorded as this field's cap; both ranges are imposed after a correction order, and escalate, or in Article 76's case may instead revoke the network-establishment approval, for continued non-correction.
- Rule
- Fixed only
- As of
- 19 September 2026
- Currency
- TWD
- Fixed cap
- 2,000,000
Who enforces it
Enforcement body
The Ministry of Digital Affairs, which took over the National Communications Commission's competent-authority role over Article 15 and Article 42 on Aug. 27, 2022.
Settledness
- As of
- 19 September 2026
- Open questions
- Which government-designated PSTN operators are currently subject to the Article 42 critical-telecommunications-infrastructure designation, and has that designation list, or the technical specifications for info-communications security evaluation it triggers, been published?
What it reaches
Obligation class
Security, Governance
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
Article 15 of the Telecommunications Management Act requires that 'Telecommunications enterprises who have established a PSTN using telecommunications resources or other telecommunications enterprises announced by the competent authority shall draw up an info-communications security maintenance plan and implement it accordingly'.
Separately, Article 42 lets the competent authority 'designate the PSTN, in whole or in part, as the critical telecommunications infrastructure,' whose establisher 'shall ... draw up a critical telecommunications infrastructure protection plan' subject to the competent authority's evaluation. Failing the general maintenance-plan duty draws a fine under Article 79 for 'Violating Paragraph 1 of Article 15, where no info-communications security management plan has been drawn up or implemented,'.
Failing the critical-infrastructure protection-plan duty draws a separate, higher fine under Article 76 for a party who 'fails to submit critical telecommunications infrastructure protection plan to the competent authority for approval within the prescribed deadline or fails to implement the approved plan.'
When LexLint raises it
operates_essential_serviceprovides_telecom_services
Read the law
Official English translation
Laws & Regulations Database of the Republic of China (law.moj.gov.tw), read through the kong0107/mojLawSplitJSON mirror per the corpus's #8858 fidelity determination MOJ UpdateDate 20260911
Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.