12FMeaning of critical data storage or processing asset

12F Meaning of critical data storage or processing asset

(1) An asset is a critical data storage or processing asset if: (a) it is owned or operated by an entity that is a data storage or processing provider; and (b) it is used wholly or primarily to provide a data storage or processing service that relates to business critical data and that is provided by the entity to an end‑user that is: (i) the Commonwealth; or (ii) a body corporate established by a law of the Commonwealth; or (iii) a State; or (iv) a body corporate established by a law of a State; or (v) a Territory; or (vi) a body corporate established by a law of a Territory; and (c) the entity knows that the asset is used as described in paragraph (b); and (d) the asset is not a critical infrastructure asset that is covered by a paragraph of subsection 9(1) (other than paragraph 9(1)(d)).

Note 1: The rules may prescribe that a specified critical data storage or processing asset is not a critical infrastructure asset (see section 9).

Note 2: A critical data storage or processing asset that is owned or operated by a carrier may also be a critical telecommunications asset.

(2) An asset is a critical data storage or processing asset if: (a) it is owned or operated by an entity that is a data storage or processing provider; and (b) it is used wholly or primarily to provide a data storage or processing service that: (i) is provided by the entity to an end‑user that is the responsible entity for a critical infrastructure asset; and (ii) relates to business critical data; and (c) the entity knows that the asset is used as described in paragraph (b); and (d) the asset is not a critical infrastructure asset that is covered by a paragraph of subsection 9(1) (other than paragraph 9(1)(d)).

Note 1: The rules may prescribe that a specified critical data storage or processing asset is not a critical infrastructure asset (see section 9).

Note 2: A critical data storage or processing asset that is owned or operated by a carrier may also be a critical telecommunications asset.

(3) If: (a) an entity (the first entity) is the responsible entity for a critical infrastructure asset; and (b) the first entity becomes aware that a data storage or processing service: (i) is provided by another entity on a commercial basis to the first entity; and (ii) relates to business critical data; the first entity must: (c) take reasonable steps to inform that other entity that the first entity has become aware that the data storage or processing service: (i) is provided by the other entity on a commercial basis to the first entity; and (ii) relates to business critical data; and (d) do so as soon as practicable after becoming so aware.