Rabu, November 1, 2023

Private PSE Now Mandated to Implement Four-Phased Business Continuity Management Processes

The Minister of Communication and Information Technology ("Minister") has introduced a dedicated framework on the application of business continuity ("Continuity") management systems by electronic systems providers (penyelenggara sistem elektronik – "PSE") operating within the private sector ("Private PSE") through the issuance of Circular No. 6 of 2023 ("Circular 6/2023"), which has been in force since 21 August 2023.
At its core, Circular 6/2023 serves as a set of guidelines for use by Private PSE during the planning of business recovery strategies in the event of any major disruptions or natural disasters, while simultaneously aiming to optimize the Continuity of any services that are being offered to Private PSE customers. In this regard, said Continuity is to be implemented through cycle-based processes, which include the following phases: 1) Understanding company needs; 2) Determination of Continuity management strategies; 3) Drafting and implementing plans for the mitigation of disruption and ensuring Continuity; and 4) Testing, maintenance and reviews of drafted plans, as outlined in point (3).
With respect to the above-mentioned understanding of company needs, Circular 6/2023 mandates that Private PSE should implement various measures, including: 1) Conduct risk assessments of their operational business conditions; 2) Conduct business impact assessments; 3) Identify a maximum
tolerable period of disruption; 4) Determine the required recovery times and/or point objectives; and 5) Estimate the required resources.
Ultimately, Circular 6/2023 allows Private PSEs to collaborate with related vendors in order to expedite the recovery of their operations. In this regard, Private PSEs must take certain matters into consideration, including: 1) Agreements that are drawn up between companies and vendors should include Service Level Agreements ("SLA") that detail the various services that the vendor will restore; and 2) The agreed-upon SLA should accommodate a company’s business needs and should be incorporated into the relevant company/vendor agreement.

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The Minister of Communication and Information Technology ("Minister") has introduced a dedicated framework on the application of business continuity ("Continuity") management systems by electronic systems providers (penyelenggara sistem elektronik – "PSE") operating within the private sector ("Private PSE") through the issuance of Circular No. 6 of 2023 ("Circular 6/2023"), which has been in force since 21 August 2023.
At its core, Circular 6/2023 serves as a set of guidelines for use by Private PSE during the planning of business recovery strategies in the event of any major disruptions or natural disasters, while simultaneously aiming to optimize the Continuity of any services that are being offered to Private PSE customers. In this regard, said Continuity is to be implemented through cycle-based processes, which include the following phases: 1) Understanding company needs; 2) Determination of Continuity management strategies; 3) Drafting and implementing plans for the mitigation of disruption and ensuring Continuity; and 4) Testing, maintenance and reviews of drafted plans, as outlined in point (3).
With respect to the above-mentioned understanding of company needs, Circular 6/2023 mandates that Private PSE should implement various measures, including: 1) Conduct risk assessments of their operational business conditions; 2) Conduct business impact assessments; 3) Identify a maximum
tolerable period of disruption; 4) Determine the required recovery times and/or point objectives; and 5) Estimate the required resources.
Ultimately, Circular 6/2023 allows Private PSEs to collaborate with related vendors in order to expedite the recovery of their operations. In this regard, Private PSEs must take certain matters into consideration, including: 1) Agreements that are drawn up between companies and vendors should include Service Level Agreements ("SLA") that detail the various services that the vendor will restore; and 2) The agreed-upon SLA should accommodate a company’s business needs and should be incorporated into the relevant company/vendor agreement.

......