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PURPOSE: to reform Community rules in the
telecommunications sector with a view to ensuring a high level of consumer
protection and of users’ rights, in particular the right to personal privacy
and data protection in the electronic communications field. LEGISLATIVE ACT: Directive 2009/136/EC of the European
Parliament and of the Council amending Directive 2002/22/EC on universal
service and users’ rights relating to electronic communications networks and
services, Directive 2002/58/EC concerning the processing of personal data and
the protection of privacy in the electronic communications sector and
Regulation (EC) No 2006/2004 on cooperation between national authorities
responsible for the enforcement of consumer protection laws. CONTENT: following an agreement reached with the European
Parliament at second reading, the Council adopted a directive amending
legislation in force on universal service e-Privacy and consumer protection. The Directive adapts the regulatory framework by
strengthening and improving consumer protection and user rights in the
electronic communications sector, facilitating access to and use of e-communications
for disabled users and enhancing the protection of individuals’ privacy and personal
data. This Directive constitutes part of the “Telecoms Package”
which also includes the reform
of the EU’s regulatory framework and the creation
of Body of European Regulators for Electronic Communications (BEREC). The main amendments introduced by the new Directive are
as follows: Disabled users: the Directive strengthens access to e-communications
for disabled people, in particular via the inclusion of terminal equipment in
the scope of the Directive. It aims to increase access to and choice of
services for the disabled, strengthened right to emergency services in the EU. Contract:
the Directive improves contract conditions and greater information to
consumers on services, including increased comparability of prices and
greater power to the NRAs on tariff information for consumers. Quality of service: in order to prevent the degradation of service and the
hindering or slowing down of traffic over networks, Member States shall
ensure that national regulatory authorities are able to set minimum quality
of service requirements on an undertaking or undertakings providing public communications
networks. Emergency
services and the single European emergency call number: the Directive stipulates that Member States shall ensure that
all end-users of the service, including users of public pay telephones, are
able to call the emergency services free of charge and without having to use
any means of payment, by using the single European emergency call number
“112” and any national emergency call number specified by Member States. Harmonised
numbers for harmonised services of social value: Member
States shall ensure that disabled end-users are able to access services
provided under the “116” numbering range to the greatest extent possible. Member
States shall make every effort to ensure that citizens have access to a
service operating a hotline to report cases of missing children. The hotline
shall be available on the number “116000”. The Commission shall attribute the
regulatory procedure with scrutiny in order to guarantee the efficient
application of the “116” numbering range. Facilitating
change of provider: porting of numbers and their
subsequent activation shall be carried out within the shortest possible time.
The Directive provides that, in any case, subscribers who have concluded an
agreement to port a number to a new undertaking shall have that number
activated within one working day. In any event, loss of service during
the process of porting shall not exceed one working day. Member States shall
ensure that appropriate sanctions on undertakings are provided for, including
an obligation to compensate subscribers in case of delay in porting or abuse of
porting by them or on their behalf. Member States
shall ensure: (i) that contracts concluded between consumers and undertakings
providing electronic communications services do not mandate an initial
commitment period that exceeds 24 months; (ii) that undertakings offer users
the possibility to subscribe to a contract with a maximum duration of 12 months. Security of
processing and protection of personal data: this Directive
shall inter alia: (i) ensure that personal data can be accessed only by authorised
personnel for legally authorised purposes; (ii) protect personal data stored
or transmitted against accidental or unlawful destruction, accidental loss or
alteration, and unauthorised or unlawful storage, processing, access or
disclosure, and; (iii) ensure the implementation of a security policy with respect
to the processing of personal data; (iv) oblige providers of electronic
communications services to notify security breaches affecting personal data
to authorities and (in some cases) to subscribers or individuals concerned
and introduction of comitology powers for the Commission on the modalities of
breach notifications; (v) strengthen provisions on protection against spyware
and placing of cookies on users' devices. ENTRY INTO FORCE: 19/12/2009. TRANSPOSITION: 25/05/2011.
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