Running a telecommunications business means notifying Ofcom, complying with the General Conditions of Entitlement, holding spectrum licences for any radio apparatus, meeting tiered security duties, maintaining lawful-intercept capability and complying with privacy rules on electronic communications. On top of that, every business that employs people must meet workplace health and safety, fire safety, employers' liability insurance, equality and data protection obligations.

Telecommunications is a reserved matter. Ofcom operates UK-wide as the regulator for electronic communications networks and services. The Investigatory Powers Commissioner oversees lawful-intercept obligations. Workplace health and safety is enforced by HSE in Great Britain and HSENI in Northern Ireland.

Health and Safety at Work etc. Act 1974 (HASAWA)

The Health and Safety at Work etc. Act 1974 - primary UK workplace health and safety legislation establishing employer and employee duties. Pure data reference.

The Health and Safety at Work etc. Act 1974 (HASAWA 1974) is the primary legislation governing workplace health and safety in the United Kingdom. It establishes the legal framework for protecting the health, safety and welfare of people at work and those affected by work activities.

Legal status: Primary legislation - principal UK health and safety statute
Royal Assent: 31 July 1974
Came into force: 1 April 1975 (in stages)
Geographic scope: Great Britain (separate legislation applies in Northern Ireland)
Applies to: All employers, employees, self-employed persons, and those who control work premises
Primary duty (Section 2): Employers must ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees
Duty to non-employees (Section 3): Employers must protect persons not in their employment (contractors, visitors, public) who may be affected by work activities
Employee duties (Sections 7-8): Employees must take reasonable care for their own health and safety and that of others, cooperate with employers, and not misuse safety equipment
Enforcement authority: Health and Safety Executive (HSE) and local authorities
Maximum penalties (post-2008 amendments): Unlimited fines in Crown Court; imprisonment up to 2 years for individuals; up to 12 months and/or an unlimited fine in Magistrates' Court in England and Wales (12-month custody powers from 18 November 2024; fines unlimited since March 2015 under LASPO 2012, s.85)
Referenced by regulators: Cited in 31 regulatory documents in the ORDS (Office for Regulatory Delivery and Simplification) dataset
Secondary regulations: Enables creation of health and safety regulations (e.g. Management of Health and Safety at Work Regulations 1999, COSHH, Manual Handling)

Reasonably practicable: The Act uses the term "so far as is reasonably practicable" throughout. This means employers must balance the level of risk against the time, trouble and cost of controlling it. However, the law is weighted in favour of health and safety - employers must demonstrate that control measures would be grossly disproportionate to the risk before they can be considered not reasonably practicable.

Self-employed persons: The Act also places duties on self-employed persons to protect their own health and safety and that of others who may be affected by their work activities.

Health and Safety at Work etc. Act 1974 (legislation.gov.uk) (opens in a new tab)

HSE - Health and Safety at Work etc. Act 1974 guidance (opens in a new tab)

What you need to do

Identify the description that best fits your business, then follow the guides in order.

Every telecommunications operator

Start with the universal workplace duties. Follow "Set up and run a safe telecommunications business" for your health and safety, fire safety, employers' liability insurance, equality and data protection obligations.
You provide a public electronic communications network or service, hold spectrum licences, or need to meet security and lawful-intercept duties

You must notify Ofcom, comply with the General Conditions, hold the right spectrum licences, meet tiered security duties, maintain lawful-intercept capability and comply with PECR. Follow "Meet your telecommunications regulatory duties".
Confirm you have covered everything

Work through the telecommunications compliance checklist to confirm your obligations are met.

Legal basis

Primary legislation and key regulations

Communications Act 2003 Primary 2003 · UK-wide Health and Safety at Work Act 1974 Primary 1974 · UK-wide

Browse UK legislation legislation.gov.uk

Official guidance

Ofcom: General Conditions of Entitlement (opens in a new tab)

Ofcom

Communications Act 2003 (opens in a new tab)

legislation.gov.uk

Number portability and technology neutrality (opens in a new tab)

Ofcom

Providing citizens and consumers with improved information about Number Translation Services and Premium Rate Services (opens in a new tab)

Ofcom

Ofcom Metering and Billing Scheme (opens in a new tab)

Ofcom

Statement: Review of Security Guidance (opens in a new tab)

Ofcom

Guidance for communications providers and operators of essential services (opens in a new tab)

Ofcom

Statement: General policy on ensuring compliance with security duties (opens in a new tab)

Ofcom

Ofcom: telecoms regulation (opens in a new tab)

Ofcom

Which telecommunications regulations apply to your business

What you need to do

Every telecommunications operator

You provide a public electronic communications network or service, hold spectrum licences, or need to meet security and lawful-intercept duties

Confirm you have covered everything

Legal basis

Official guidance

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