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The National Security and Investment Act: protecting UK assets and infrastructure

Posted on 21 April 2022

UK businesses, and in particular start-up companies, face a variety of security-related threats. In some cases, these threats have the potential not just to cause financial or reputational damage to the business concerned, but also to threaten the UK's national security. In order to protect UK assets and infrastructure from national security threats, the Government has enacted the National Security and Investment Act 2021 (NSI Act), which came into force on 4 January 2022. Alongside this new legislative regime, the Centre for the Protection of National Infrastructure (CPNI) and the National Cyber Security Centre (NCSC) have aimed to identify for businesses a range of security threats to which they should be alert.

It is important that businesses both understand their obligations under this new legislation, especially when seeking new investors, and take appropriate steps to guard against threats they face generally in their day-to-day operations.

Our detailed report provides an overview of the UK's new national security regime and puts it in context with the global trend towards greater scrutiny of foreign investments. This includes an examination of the NSI Act's mandatory and voluntary notification regimes and a closer look at some of the high risk sectors within the mandatory regime which are likely to be relevant to tech businesses.  

The report also explores some of the security-related threats faced by all businesses and in particular tech and start-up businesses, given the potential to exploit new technology and the attractiveness of these businesses to international investors. Finally, we offer some practical tips for businesses to bear in mind when tackling these threats.

Access our report here

Our NSI Act checker, created in collaboration with Taylor Vinters, offers a series of simple questions to help you understand whether notification under the NSI Act is likely to be required or at least considered for your transaction.

Access our NSI Checker

 

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