electronic
communications law
(R)evolution has already arrived.
And it has changed everything!
Our experts
on ECL:
key
terms:
Key terms:
ECL IN PRACTICE
The Electronic Communications Law (ECL) will replace the Telecommunications Law, binding since 2004. The ECL is an implementation of the 2018 EU Directive establishing the European Electronic Communications Code. The regulatory amendments will involve: adjusting subscriber documents, modifying offers, changing service procedures or the company’s IT systems.
The ECL will also entail dozens of new regulations, e.g. changing requirements for facilities for the disabled (e.g. in terms of adapting the Customer Service or website), data retention obligations or cooperation with authorities.
Amendments to subscriber contracts
You are obliged to make extensive and comprehensive amendments to your subscriber documentation (contracts, regulations, promotion regulations and price lists). Amendments must also be made to binding contracts. For new contracts, you need to issue a summary contract terms document in line with the EU regulation.
B2B customers
The ECL grants special rights to business customers which are micro- or small-sized enterprises (up to 50 employees, up to EUR 10 million annual turnover) and considers standard business offers and individually negotiated contracts differently. It is necessary to develop the ECL-compliant B2B offers and implement a procedure for receiving statements allowing some of the onerous regulations in individually negotiated B2B contracts to be excluded.
Subscriber service
You are obliged to adapt a number of service processes and make changes to the company’s IT systems. The following processes will be regulated differently than before: rules for suspending the provision of services to subscribers with arrears, recovery of damages for contract termination, information about the most favourable offers, remote termination of contracts and filing of complaints. In particular, IT changes may require providing customers with a tool to monitor phone costs on an ongoing basis.
Why do we call it (r)evolution?
The ECL is an obligation to adapt the entire organisation to a completely new regulatory environment, changing the rules in most aspects of the company’s operation (relations with B2C and B2B subscribers, inter-operator agreements, telecommunications-related charges, obtaining access to networks and to property, public safety obligations).
The new regulation will also partially refer to a group of new entities – providers of interpersonal communication services that do not use numbers (e-mail, instant messaging).
New subscriber rights
It is necessary to regulate differently, among others, compensation for contract termination by the subscriber (discounts refunds no longer apply!), rules for the implementation of increases by the provider, the procedure for contract termination due to the subscriber’s fault, liability for insufficient quality of service, complaint procedure and many other issues. The new subscriber rights imply amendments to contracts, including those concluded before the law came into force!
New regulatory environment
The rules under which you can gain access to other operators’ networks and under which others will be able to gain such access to your network are changing. The Office of Electronic Communications (UKE) acquires broader powers to impose access obligations, including ordering the provision of active services to each operator (currently only to SME) or issuing general decisions setting out the rules for the provision of access by all operators in a given area.
Higher operating costs
The ECL envisages an increase in the maximum cap on almost all telecommunications-related fees, including the annual telecommunications fee, numbering fees and frequency and radio permit fees.
Refund of unused prepaid amounts
So far, any funds not used within the validity period were forfeited. Now the consumer may ask for a refund when, for example, the account expires or when the phone number is transferred to another operator. The receipt of customer requests for refunds should be organised as required by the Act.
Bundled contracts
Do you sell bundled services to customers, including with additional services such as access to streaming services (Netflix, HBG GO, TV Online), software licences (security packages), insurance or with the device (e.g. phone)? If so, in case of insufficient quality of any of such services (e.g. repeated VOD interruptions), the customer may have the right to terminate the entire contract!
Optional debit service
Do you allow customers to use your account to pay for other services, such as insurance contracts, streaming access, in-app or website purchases? The new legislation completely changes the rules for collecting such payments, introducing additional verification obligations and capping maximum payments.
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WHY US??
We specialise in serving companies in the telecommunications, media and technology sectors, offering comprehensive legal support tailored to their needs.
We work with telecommunications companies, supporting them in adapting to regulatory changes. Our experts have gained experience working at the Office of Electronic Communications and the Ministry of Digitalisation.
We have prepared hundreds of regulations and requirements for telecommunications companies and provide training on new regulations.
Our experts
adw. Maciej Jankowski
Overall supervision over implementation.
tel. number
+48 517 898 628
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Tomasz Bukowski
Regulation of significant position.
tel. number
+48 660 928 543
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adw. Korina Sudół
Subscriber issues.
tel. number
+48 531 645 424
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r.pr. Tomasz Proć
Overall supervision over implementation.
tel. number
+48 501 448 798
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