Senior associate Ave Piik writes about the directives of the European Parliament and European Council that make up the so-called Telecom Package (2009/136/EC and 2009/140/EC) entered into force in November 2009. Besides the two directives, the package also includes a regulation establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office.
The majority of current regulations in the telecom sector date back to 2002. Considering the rapid development of the sector, these have lost much of their relevance. So the reform is aimed at improving the situation. The objectives of the package are to harmonise regulations governing the telecommunications sector in the Member States of the European Union, achieving broadband access for all EU citizens by 2013, encouraging competition between telecommunications businesses and thereby strengthening user rights relating to electronic communications networks. This is the first time that a law refers to internet access as a fundamental right in Europe. A user’s internet access may be restricted, if necessary and proportionate, only after a fair and impartial procedure including the user’s right to be heard after just and objective proceedings.
For consumers, one of the most important amendments is the consumers’ right to keep their number when they decide to change supplier, whereas the transfer must take place at the latest within one working day from the agreement to change supplier. As to the maximum length of contracts, this must not exceed 24 months. Increasing customer awareness regarding available services is also included (guidelines are provided for contracts concluded with telephone and internet service providers). Additionally, personal information protection and security is improved, among other things by stipulating that prior consent of the user will be needed for installation of “cookies” on the user’s computers and by imposing an obligation to provide consumers with adequate related information. Internet service providers obtain more rights for protecting themselves and their clients against spammers.
In Estonia this sector is regulated by the Electronic Communications Act (Elektroonilise side seadus). The new regulations must be introduced at the latest by June 2011.
Senior associate Ave Piik advises on technology- and IT-related assignments. She also offers extensive experience in M&A, especially on transactions by technology and media companies. In addition to her ITechLaw membership, Ave is also a member of the Corporate Acquisitions and Joint Ventures as well as the Technology, Media, and Intellectual Property Committees of the International Association of Young Lawyers (AIJA).
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EU Reforms for the IT and Telecommunications Sector
Senior associate Ave Piik writes about the directives of the European Parliament and European Council that make up the so-called Telecom Package (2009/136/EC and 2009/140/EC) entered into force in November 2009. Besides the two directives, the package also includes a regulation establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office.
The majority of current regulations in the telecom sector date back to 2002. Considering the rapid development of the sector, these have lost much of their relevance. So the reform is aimed at improving the situation. The objectives of the package are to harmonise regulations governing the telecommunications sector in the Member States of the European Union, achieving broadband access for all EU citizens by 2013, encouraging competition between telecommunications businesses and thereby strengthening user rights relating to electronic communications networks. This is the first time that a law refers to internet access as a fundamental right in Europe. A user’s internet access may be restricted, if necessary and proportionate, only after a fair and impartial procedure including the user’s right to be heard after just and objective proceedings.
For consumers, one of the most important amendments is the consumers’ right to keep their number when they decide to change supplier, whereas the transfer must take place at the latest within one working day from the agreement to change supplier. As to the maximum length of contracts, this must not exceed 24 months. Increasing customer awareness regarding available services is also included (guidelines are provided for contracts concluded with telephone and internet service providers). Additionally, personal information protection and security is improved, among other things by stipulating that prior consent of the user will be needed for installation of “cookies” on the user’s computers and by imposing an obligation to provide consumers with adequate related information. Internet service providers obtain more rights for protecting themselves and their clients against spammers.
In Estonia this sector is regulated by the Electronic Communications Act (Elektroonilise side seadus). The new regulations must be introduced at the latest by June 2011.
Senior associate Ave Piik advises on technology- and IT-related assignments. She also offers extensive experience in M&A, especially on transactions by technology and media companies. In addition to her ITechLaw membership, Ave is also a member of the Corporate Acquisitions and Joint Ventures as well as the Technology, Media, and Intellectual Property Committees of the International Association of Young Lawyers (AIJA).