Netnod response to foreign ownership of critical services

On 22 September 2023, Netnod was given the opportunity by the Swedish Civil Contingency Agency to comment on a proposal regarding foreign ownership of critical services. Netnod is worried that the suggestion will muddy the waters since the suggestion adds yet another definition of critical and important services, rather than firmly relying on the previous definition in acts such as the EU NIS-directive and the Swedish Protective Security act.

Netnod sees several problems with introducing yet another definition of critical and important services, this one in the context of foreign ownership. Rather, there should be fewer and better definitions which can be reused and referenced from all relevant legislation.

In particular NIS, NIS2, CER, directives for foreign ownership, and the protective security act should be streamlined in terms of definitions relating to important and critical services and operations.

Netnod also notes that the suggestion does not define either digital services or digital infrastructure as important or critical.

Download the Netnod response as pdf below. In response to: Proposal regarding foreign ownership of critical services