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January 23, 2023
Current as of 23 January 2023
The purpose of this page is to track the implementation of the European Electronic Communications Code across European Member States and the UK. You can see implementation at a glance via the map below, or click on the links for each country to see a detailed summary of current status.
Please note that this material has been published for informational purposes only and does not constitute legal advice.
Please note that the UK has adopted a phased approach with only a few consumer pieces to be implemented next year
Choose a country from the list below to view its current implementation status
Austria
Current status
Implemented as of 1 November 2021.
Legislation
New Austrian Telecommunications Act implementing the EECC – https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20011678
Number Portability Ordinance 2022 – https://www.rtr.at/TKP/aktuelles/veroeffentlichungen/veroeffentlichungen/Verordnungen/BGBLA_2022_II_184.pdfsig.pdf
Notes
The Austrian Telecommunications Act has entered into force on 1 November 2021.
This legislation inter alia entails (network) security aspects including supply chain requirements for high risk suppliers of telecommunications hardware, consumer protection provisions as well as specific data protection requirements for the telecommunications sector. Additionally, the law provides for the inclusion of number-independent interpersonal communication services and obligations for contracts.
On 11 May 2022, a new regulation (“Verordnung”) on number porting between mobile voice communications providers (“Number Portability Ordinance 2022”) entered into force.
The main objective of the new regulation is to adapt the existing provisions to the legal basis provided in the Austrian Telecommunications Act 2021.
In this context, the exemption from charges for number portability for end users, the discontinuation of the existing end user contract ex lege unless otherwise agreed, and the extension of the option for subsequent number portability to one month after the end of the contract are particularly noteworthy.
Belgium
Current status
Published 16 December 2021.
The entry into force of the Act varies from article to article, with some entering into force immediately.
As the legislator was already late in the implementation of the EECC, most of the provisions entered into force shortly after the publication of the Act in the Belgian Gazette, 10 January 2022.
The provisions whose entry into force differ are the following:
- Article 143: implementation of article 102 of the EECC regarding the requirements of information in contracts, and article 105, are immediately applicable to existing contracts. Unless for the obligations to which an explicit derogation of the consumer is possible; those enter into force in 2 years for contract of an undefined period.
The same is provided for article 167 transposing article 107 of the EECC (bundled offers).
- Article 145 implements annex VI, section 1, &), al .1 of the EECC regarding the detailed invoice, entered immediately into force to existing contracts.
- Article 150 implementing article 105, §3 of the EECC (contract duration and termination) regarding the possibility for final users to terminate the contract at any time with a maximum notice period of one month, entered into force immediately to existing contracts.
- Article 121, regarding certain requirements on the compensation of the social component of the universal service will enter into force at a date yet to be determined by a Royal Decree.
- Article 134 on the possibility to adopt a Royal Decree providing for certain obligations to operators for the general interest. The Royal Decree may also give the Belgian Institute for Post and Telecommunications the power to impose prices to operators, for public interest. This article enters into force on the day the Royal Decree enters into force.
Legislation
Law Transposing the European Electronic Communications Code and amending various provisions relating to Electronic Communications – http://www.ejustice.just.fgov.be/eli/wet/2021/12/21/2021043554/staatsblad
Notes
The new Act implements the EECC but also some other telecommunication concerns such as:
- Enhancing of the easy switch between telecom providers.
- Forcing telecom providers to propose yearly the most affordable prices to existing customers.
- Enabling easier screening for text messages for telecom operators to block spam messages.
On 4 February 2021, the Commission opened infringement procedures against Belgium for not transposing EECC on time.
Following a question in Belgian parliament on 12 February 2021 on the reasons for the delay answer were 3 reasons for delay: (1) Belgium is a federal state so many layers of approval needed (2) Covid-19 and finally (3) Crisis in Belgian government leaving Belgium without government from 2018 to September 2020 which made it harder for civil servants to progress the implementation.
Bulgaria
Current status
Implemented as of 9 March 2021
Legislation
All legislative steps have been taken and the EECC is now fully adopted – https://www.lex.bg/laws/ldoc/2135553187
Notes
The EECC has been implemented as of March 2021.
The law provides for a number of changes on emergency calling requirements, competition and network requirements and consumer protection measures.
Croatia
Current status
Implemented as of 12 July 2022.
Legislation
Electronic Communications Act (OG 76/22) – https://narodne-novine.nn.hr/clanci/sluzbeni/2022_07_76_1116.html
Notes
The new Electronic Communications Act (OG 76/22) entered into force. It assumes Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code, which constitutes a codification and comprehensive reform of the regulatory framework of the European Union in the field of electronic communications.
The new Act will enable the accelerated development of electronic communications networks that will ensure the necessary connectivity and availability of very high capacity networks, including fixed, mobile and wireless networks, and their use by all citizens and entrepreneurs. Further development of competition is also expected, both in the field of infrastructure and services, through securing conditions for new investments in electronic communications networks and services.
Croatia had failed to fully implement the EECC by 21 December 2020 and subsequently received a notice from the European Commission.
On 23 September 2021, the European Commission launched infringement proceedings against Croatia.
On 6 April 2022, the European Commission referred Croatia to the Court of Justice of the European Union over failure to fully transpose and communicate to the Commission how national measures transpose the EU Electronic Communications Code.
Cyprus
Current status
Implemented as of 4 March 2022.
Legislation
The Law on the Regulation of Electronic Communications of 2022 is the main piece of legislation transposing the Directive, published in the Official Gazette of the Republic of Cyprus on 4 March 2022.
An additional two pieces of legislations have been passed, amending the Regulation of Electronic Communications and Postal Services Law and the Radiocommunications Law, which will essentially now be covered by the Law on the Regulation of Electronic Communications of 2022.
Notes
Cyprus had failed to fully implement the EECC by 21 December 2020 and subsequently received a notice from the European Commission.
On 23 September 2021, the European Commission launched infringement proceedings against Cyprus.
Czech Republic
Current status
Fully adopted – the measures gradually entered into force from 1 January 2022 to 1 July 2022.
Legislation
Amendments to Act No. 127/2005 – https://apps.odok.cz/attachment/-/down/RCIABV9CB7AT
On 19th of October 2021 the Czech Government published an amendment to the telecommunications law to implement elements of the Code.
The amendment particularly aims to implement EU Directive 2018/1972 establishing the European Electronic Communications Code. The range of elements the amendment addresses is extensive and among other things, affects the definition of terms including electronic communication services, emergency calls and data retention. The amendment’s goal is to improve competitions on the market and the use of radio spectrum. The amendment also reflects technological innovations and development of broadband networks while paying attention to the protection of electronic communication services users.
Other relevant legislation:
Decree amending Decree No. 267/2017 Coll., On the location and identification of callers when calling emergency numbers, and Decree No. 117/2007 Coll., On numbering plans for electronic communications networks and services, as amended – https://www.zakonyprolidi.cz/cs/2022-22
Decree No. 58/2022 Coll., On technical and organizational conditions of using software application and electronic form for data collection in the field of electronic communications –
Denmark
Current status
Implemented as of 8 December 2020
Legislation
https://www.retsinformation.dk/eli/lta/2020/1833 || https://www.retsinformation.dk/eli/lta/2020/1887
Notes
The EECC is fully implemented into Danish law. The issues now covered by Danish law include:
- Stimulating investment incentives for companies in digital infrastructure through increased competition and greater predictability of the regulation;
- Stronger consumer protection ensuring transparency and support for consumer choice;
- Promoting the roll-out of digital infrastructure, including easier access to establish wireless access points with limited range for use of, among others, 5G networks
- Number-independent interpersonal communications services
Estonia
Current status
Published 24 November 2021.
The entry into force of the Act varies, as follows:
- The Act enters into force on 1 February 2022.
- Clauses 29, 31, 32, 35, 36, 43, 45 and 46 of this Act enter into force on 1 March 2022.
- §2 of this Act enters into force on 1 April 2022.
- Clause 120 of §1 of this Act enters into force on 28 June 2025.
- Clause 108 of §1 of this Act enters into force on 1 January 2028.
Legislation
Electronic Communications Act, the Building Code and State Fees Act Amendment Act.
Notes
The Act Amending the Electronic Communications Act, the Building Code and the State Fees Act 437 SE (‘the Act’) entered was published on 24 November 2021, following the approval of the President of the Republic. The Act transposes the Directive (EU) 2018/1972 of 11 December 2018 establishing the European Electronic Communications Code, into Estonian law.
On 23 September 2021, the Commission opened infringement procedures against Estonia for not transposing EECC on time.
Finland
Current status
Implemented as of 1 January 2021
Legislation
https://valtioneuvosto.fi/hanke?tunnus=LVM004:00/2019
Notes
The amendments to the Act on Electronic Communications Services was approved by the executive and entered into force on 1 January 2021. This has fully implemented the EECC into Finnish law.
France
Current status
Implemented as of 26 May 2021
Legislation
The EECC has been implemented in France – https://en.arcep.fr/news/press-releases/view/n/transposition-of-the-european-code-030621.html
Notes
The EECC is fully implemented in France. Changes include the following –
- The definition of electronic communication services is broadened/made more specific to include services such as OTT services, M2M services, etc.;
- Some of the obligations imposed on electronic communication operators are modified (e.g., prior notification to French Telco Regulator (“ARCEP”) is no longer required);
- Deployment of high-capacity networks is facilitated;
- Rules related to national emergency service are modified (callers geo-tracking, “reverse” notification);
- Access and interconnection rules are strengthened;
- New ex ante regulatory obligations apply to operators having significant market power on a given market (under the joint control of ARCEP and the French Competition Authority);
- Rules related to the assignment of radio spectrum, numbering have been adjusted to optimize the use of spectrum bands and to facilitate the development of new service offers such as IoT.
Germany
Current status
Implemented as of 01 December 2021
Legislation
Telekommunikationsmodernisierungsgesetz (TKMoG) – https://www.gesetze-im-internet.de/tkg_2021/TKG.pdf
Notes
On 7 May 2021 the Bundesrat approved the Telecommunications Modernization Act (Telekommunikationsmodernisierungsgesetz – TKMoG).
The TKMoG transposes the European Electronic Communications Code or EECC (Directive 2018/1972/EU) into national law. It becomes effective 12/01/2021.
The Act aims to remove obstacles to the expansion of mobile and cable-based telecommunications networks, to create legal and investment security, to ensure the nationwide provision of telecommunications services and to provide incentives for the expansion of fibre-optic networks.
Some of the changes as introduced by the new rules are highlighted below:
- The scope of application will include all enterprises or persons operating telecommunications networks or telecommunications installations or providing telecommunications services within the scope of the Act, as well as other persons entitled and obliged under the Act, this is true even if there are no registered offices in Germany.
- The definition of “telecommunications service” is extended to include: i) internet access services, ii) interpersonal telecommunications services, and iii) services that consist wholly or mainly in the transmission of signals, such as transmission services used for machine-to-machine communications and for broadcasting. However, Number-independent interpersonal telecommunications services are exempt from the notification requirement.
- Provider switching and number portability shall be carried out under the direction of the acquiring provider.
- A statutory entitlement to be provided with a high-speed internet access service is introduced for end users under the new rules.
Greece
Current status
Implemented as of 23 September 2020
Legislation
Government Gazette (A’ 184/23.09.2020) – http://www.et.gr/idocs-nph/search/pdfViewerForm.html
Notes
On 23 September 2020, a new Greek Law 4727/2020 “Digital Governance (Transposition to the Greek Legislation of Directive (EU) 2016/2102 and the Directive (EU) 2019/1024) – Electronic Communications (Transposition to the Greek Law of Directive (EU) 2018/1972) and other provisions” was published in the Government Gazette (A’ 184/23.09.2020).
It codifies the legislation on digital governance, updating the relevant provisions and transposing Directive 2018/1972 EU. Substitutes to an extent law 4070/2012, defines the competence of Ministry Of Digital Governance, EETT as well as the Hellenic Authority for Communication Security and Privacy. The G-Cloud (public sector), the RE-Cloud (research sector) and H-Cloud (health sector) are updated and reinforced while the First Cloud Policy principle is implemented.
Ancillary measures are being passed.
Hungary
Current status
Implemented as of 21 December 2020
Legislation
On 23 June 2020, the National Media and Infocommunication Authority (NMHH) submitted a draft proposal to Parliament regarding the transposition of the European Directive 2018/1972 into national law, where it has been accepted.
https://www.parlament.hu/irom41/10525/10525-0007.pdf
Notes
The EECC has been fully implemented into Hungarian law.
Ireland
Current status
Not yet implemented.
Legislation
Government – https://www.gov.ie/en/publication/339a9-european-electronic-communications-code-eecc/
Notes
The Department of the Environment, Climate and Communications has published draft legislation intended to give effect to the European Electronic Communications Code (the “Code”). The Communications Regulation (Enforcement) Bill (the “Bill”) aims to achieve five objectives:
- The Bill will designate ComReg as the competent authority for the purpose of enforcing the Code and transpose the enforcement elements of this Directive.
- The Bill will provide ComReg with a new civil enforcement regime and an updated criminal enforcement procedure for the electronic communications sector.
- The Bill will transpose the security provisions of the Code (Article 40 and 41) and, in so doing, will provide a mechanism for the Minister to specify security measures by Regulation and to make guidelines relating to network security and to provide a legislative basis to enforce the Electronic Communications Security Measures.
- The Bill will provide for an enhanced alternative dispute resolution process for consumers, a new power for ComReg to set minimum quality of service standards that operators must guarantee to their consumers, a new compensation scheme that will entitle consumers to compensation for specific customer service failings on the part of their operator and a new “Customer Charter” that will clearly set out the standards consumers can expect their services to provide. These measures will also give effect to Articles 25, 104 and 106(8) of the Code.
- Finally, the Bill will make several amendments to the Communications Regulation Act, 2002 to update ComReg’s investigatory and prosecutorial powers.
Most of the Code will be given effect in Ireland by way of secondary legislation, namely the European Union (Electronic Communications Code) Regulations, 2022 and include provisions relating to the following topics:
- General authorization and rights of use;
- Deployment and use of wireless network equipment;
- Access and Interconnection;
- Universal Service Obligations;
- Access to Numbers and Services, and Related Provisions;
- End-User Rights; and
- Enforcement.
The Regulations establish a harmonized framework for the regulation of electronic communications networks, electronic communications services, associated facilities and associated services, and certain aspects of terminal equipment.
The Regulations also lay down the tasks of the national regulatory authority and, where applicable, of other competent authorities, and establish a set of procedures to ensure the harmonized application of the regulatory framework throughout the Union.
On 6 April 2022, the European Commission referred Ireland to the Court of Justice of the European Union over failure to fully transpose and communicate to the Commission how national measures transpose the EU Electronic Communications Code.
Italy
Current status
Implemented as of 24 December 2021.
Legislation
Legislative Decree 8 November 2021 No. 207 Implementation of the European Parliament and of the Council of 11 December 2018, establishing the European Electronic Communications Code – https://www.gazzettaufficiale.it/atto/serie_generale/caricaDettaglioAtto/originario?atto.dataPubblicazioneGazzetta=2021-12-09&atto.codiceRedazionale=21G00230&elenco30giorni=true
Notes
As stated by the press release of the Presidency of the Council of Ministers, eighteen legislative decrees implementing European regulations, which had already been examined on a preliminary basis, including the legislative decree issued to implement Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 setting forth the EECC, have been approved.
On 9 December 2021 a new Legislative Decree published in the Official Journal, has announced the Italian Electronic Communications Code establishing the EECC.
Latvia
Current status
Implemented as of 29 July 2022.
Legislation
Electronic Communications Act – https://likumi.lv/ta/id/334345-elektronisko-sakaru-likums
Notes
The new law envisages ensuring technologically neutral regulation of electronic communication networks and services, integrity and connectivity of networks and continuity of service provision. The law also provides for the rational and efficient use of numbering, radio frequency spectrum and the top-level domain “.lv”.
The law includes the obligation of electronic communications operators to provide additional functions, designed to meet the needs of persons with disabilities and ensure interoperability with assistive technologies.
Additionally, the law specifies the duties of an electronic communications operator in emergency situations.
In areas that are not within the scope of the Code, the existing regulation of the former Electronic Communications Law, which accordingly expires on July 29, has been preserved.
On June 2, 2022, the Saeima passed in the final reading the new Electronic Communications Act, however President Egils Levits returned the piece of legislation to the Saeima for a repeated review, pointing to some provisions’ non-compliance with the European Union’s (EU) laws and judgements of the European Court of Law, according to an announcement published in the official gazette Latvijas Vestnesis.
The president warned of loopholes left in the new electronic communications law that violate Article 96 of the Constitution, which guarantees the right to privacy, as the proposed legislation would allow for an unnecessary retention of data on all users of electronic communications and all electronic communication services for similar periods of time.
After reviewing the law for the second time, the Saeima decided the scope of data processing will be determined by a separate law.
The Cabinet of Ministers has been instructed to submit a draft law to the Saeima by the end of 2022, which ensures the compliance of the regulations in the field of stored data contained in the Electronic Communications Act with the legal norms of the European Unions and the Constitution.
The Transitional Provisions of the Act stipulate that until the date of entry into force of the relevant amendments, electronic communications operators shall release the stored data to the institutions mentioned in the law in accordance with the procedures specified in the relevant procedural laws, if the release of such data is necessary and justified.
The EECC was meant to be implemented through amendments to the Electronic Communications Law of Latvia. This did not take place and Latvia failed to implement the EECC by the required date. On 4 February 2021, the Commission opened infringement procedures against Latvia.
On 23 September 2021, the European Commission launched infringement proceedings against Latvia.
On 6 April 2022, the European Commission referred Latvia to the Court of Justice of the European Union over failure to fully transpose and communicate to the Commission how national measures transpose the EU Electronic Communications Code.
Lithuania
Current status
Implemented as of 1 December 2021.
Legislation
Law of the Republic of Lithuania on Electronic Communications No. Act Amending IX-2135 – https://www.e-tar.lt/portal/lt/legalAct/c753b2904dc511ec862fdcbc8b3e3e05
Notes
The Law on Electronic Communications of the Republic of Lithuania on amendment to the Law No. IX-2135 transposes the European Electronic Communications Code into the Lithuanian national law. The Communications Regulatory Authority (Rysiu Reguliavimo Tarnyba, RRT) summarises the key changes as follows:
- The broader definition of an ‘electronic communications service’ is now broken down as follows: internet access services, interpersonal communication services and services consisting mainly of signal transmission.
- Changes to radio spectrum management, by way of an EU-wide harmonisation of the allocation and use of spectrum. There is also a longer period of validity (20 years) for authorisations to use EU-wide harmonised spectrum.
- In terms of access to ultra-high bandwidth networks, operators will be encouraged to co-invest in high-bandwidth public communications networks (both fixed and mobile), thus sharing business risk. An operator with significant market power (SMP) will be able to co-invest in the construction of new networks under clear and transparent conditions.
- The RRT will be required to conduct market research every five years, instead of three as before, to ensure the consistency of the regulatory environment and reduce the administrative burden.
- The scope of universal electronic communications services has been revised and the obligation to provide telephone services via payphones will be abolished, but the obligation to provide affordable universal e-communications services to certain groups of consumers will be introduced.
- Favourable changes to ensure the protection of consumer interests. The adoption of legislation implementing this law will make it simpler and easier to change service provider for consumers using both interpersonal communications and internet access services.
On 23 September 2021, the European Commission launched infringement proceedings against Lithuania for not transposing EECC on time.
On 6 April 2022, the European Commission referred Lithuania to the Court of Justice of the European Union over failure to fully transpose and communicate to the Commission how national measures transpose the EU Electronic Communications Code.
Luxembourg
Current status
Implemented as of 26 December 2021.
Legislation
Law of 17 December 2021 transposing Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018, establishing the European Electronic Communications Code and amending the amended law of 30 May 2005 on: (1) Organization of the Luxembourg Regulatory Institute and (2) Modification of the amended law of 22 June 1963 establishing the salary system for civil servants – https://legilux.public.lu/eli/etat/leg/loi/2021/12/17/a927/jo
Notes
On 16 July 2020, the Luxembourg Minister of Communications and Medias submitted a draft Law No. 7632 aimed to implement the Directive (EU) 2018/1972 into Luxembourg law.
The new law repeals and replaces the amended Law of 27 February 2011.
On 4 February 2021, the Commission opened infringement procedures against Luxembourg for not transposing new EU telecom rules in time.
On 23 September 2021, the European Commission moved forward with a second stage of infringement proceedings against Luxembourg, in form of a reasoned opinion, where Luxembourg had two months to notify the Commission of measures taken to fully implement the EECC into local law or else face charges by the Court of Justice of the European Union.
On 22 December 2021 the ‘Law of 17 December 2021’ was passed, fully transposing the EECC into national legislation, while simultaneously repealing the former regime found in the Law of 27 February 2011 on electronic communications networks and services.
Malta
Current status
Legislation has been passed to implement the EECC.
Legislation
Legislation enacted:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=NIM:202105682&qid=1638797542477
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=NIM:202106850&qid=1638797542477
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=NIM:202106851&qid=1638797542477
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=NIM:202106852&qid=1638797542477
Notes
Malta has now passed legislation to adopt the EECC through various new regulations and laws that change the current telecommunications regime.
Netherlands
Current status
Implemented as of 1 March 2022.
Legislation
Official Gazette of the Kingdom of Netherlands: Decision of 24 February 2022 amending various orders in council with regard to the implementation of Directive (EU) 2018/1972 – https://zoek.officielebekendmakingen.nl/stb-2022-95.html
Other relevant legislation:
Market access rules and anti-dominance measures: https://zoek.officielebekendmakingen.nl/stb-2020-165.html
Provisions on end user protection providing for dispute settlement: https://wetten.overheid.nl/BWBR0016698/2020-12-21
Draft measures and consultation –
https://zoek.officielebekendmakingen.nl/kst-35865-2.html || https://zoek.officielebekendmakingen.nl/kst-35865-3.html
https://zoek.officielebekendmakingen.nl/kst-1000258
Senate Preliminary Report –
https://zoek.officielebekendmakingen.nl/kst-1010419
https://zoek.officielebekendmakingen.nl/kst-1008713
Notes
Essentially, all EECC implementation act provisions have entered into force, except for some limited E-Privacy related provisions. Amendment of certain subordinate legislation to implement the EECC are also now in force.
These provisions can be categorized as follows:
- Expansion of telecom regulation to number-independent interpersonal communications services
- Framework for access and interconnection on wholesale level
- Access remedies on providers with significant market power
- Universal service obligations
- Number portability rules
- Information requirements for consumers (including SMEs)
- Information requirements for all end-users
- Extension of requirements to bundled offers
- Equivalent access for end-users with disabilities
- Access to the European emergency number
Poland
Current status
Partially implemented. A full implementation of the EECC is expected with the adoption of the Electronic Communications Law (ECL) however the full measures are not yet in force.
Legislation
Draft Law on Electronic Communications – https://legislacja.gov.pl/projekt/12336501
Draft statute implementing the Law on Electronic Communications – https://legislacja.gov.pl/projekt/12336501
Notes
The draft legislation aims to comprehensively transpose the EECC and will replace the current Law on electronic communications in its entirety. The draft regulates direct carrier billing, and expands its scope to chat services (number-independent interpersonal communication services). Furthermore, the use of public telecommunication networks as an addition to another service will not always be treated as conducting telecommunication business activity. Poland failed to fully implement the EECC by 21 December 2020 and subsequently received a notice from the European Commission.
On 6 April 2022, the European Commission referred Poland to the Court of Justice of the European Union over failure to fully transpose and communicate to the Commission how national measures transpose the EU Electronic Communications Code.
Portugal
Current status
Published in the Official Gazette 16 August 2022. The measures gradually entered into force from 16 August 2022 to 14 November 2022.
Legislation
Law 16/2022 on Electronic Communications – https://files.dre.pt/1s/2022/08/15700/0000200137.pdf
Notes
As with the EECC, the Electronic Communications Act approved by Law no. 16/2022, of 16 August, maintains the typical catalogue of regulatory obligations.
In this regard, Section III of the Law lists the main obligations to which telecom providers are subject to, including (a) access obligations; (b) obligations of interconnection of networks and interoperability of services; (c) obligations regarding the processing of personal data and the protection of privacy in the electronic communications sector; (d) obligations regarding the security and integrity of public electronic communications networks; (e) obligations to install and provide lawful interception systems to national authorities and to supply the means of decryption whenever they provide these facilities; (f) conditions of use of radio spectrum for electronic communications services; (g) conditions of use to ensure communications between emergency services, the appropriate authorities, and civil defence agents with the general public; and/or (h) obligation to provide information, namely in compliance with the statutory reporting duties.
In addition to these general conditions/obligations, undertakings providing electronic communications networks and services may also be subject to specific conditions/obligations regarding access and interconnection, retail market controls and universal service, in line with the previous Electronic Communications Law.
Certain provisions entered into force on 17 August 2022 (Art. 59, Art. 62 (3)(4)(5)(6) and (7), Art. 65, Art. 177, Art. 178 (3) (q), Art. 179 – 183.
The remaining provisions entered into force 14 November 2022.
On 6 April 2022, the European Commission referred Portugal to the Court of Justice of the European Union over failure to fully transpose and communicate to the Commission how national measures transpose the EU Electronic Communications Code.
Romania
Current status
Implemented as of 10 July 2022.
Legislation
Law No. 198/2022 – https://legislatie.just.ro/Public/DetaliiDocumentAfis/257364
Notes
On 10 July 2022, Law 198/2022 entered into force, transposing the European Electronic Communications Code (EECC).
The legislation amends and supplements certain regulatory acts in the electronic communications sector and establishes certain measures to facilitate the development of electronic communications networks.
One of the novelties is that it broadens the scope of application of the rules in electronic communications sector by extending the definition of the electronic communications services (ECS).
ECS now has an extended scope, to include certain new categories of services, such as, for example, number-independent interpersonal communications services. This category may cover certain activities carried out by email providers, internet calls and instant messaging through different platforms providers, as well as other over-the-top (OTT) services providers.
This has several practical implications, including the fact that the electronic communications-related requirements will be imposed on the new categories of ECS providers that now fall within the scope of the legislation.
On 4 February 2021, the Commission opened infringement procedures against Romania for not transposing new EU telecom rules in time.
On 23 September 2021, the European Commission moved forward with a second stage of infringement proceedings against Romania, in form of a reasoned opinion, where Romania has two months to notify the Commission of measures taken to fully implement the EECC into local law or else face charges by the Court of Justice of the European Union.
On 6 April 2022, the European Commission referred Romania to the Court of Justice of the European Union over failure to fully transpose and communicate to the Commission how national measures transpose the EU Electronic Communications Code.
Slovakia
Current status
Implemented as of 1 February 2022.
Certain provisions in the Act enter into force on different dates, as follows:
- 84 para. 12, § 88, 89 and § 116 par. 12, enters into force 1 August 2022.
- 116 par. 7 to 10, enters into force 1 November 2022.
Legislation
Electronic Communications Act No. 452/2021 – https://www.zakonypreludi.sk/zz/2021-452
Notes
The Act on Electronic Communications transposes Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018, which establishes the European Code of Electronic Communications into the legal order of the Slovak Republic. The act regulates the rights and obligations of consumers, the rights and obligations of business entities operating in the electronic communications sector and the competencies of state administration bodies in the field of electronic communications, which are the Office and the Ministry of Transport and Construction.
The new law regulates the following topics:
- Authorization to provide networks or services.
- Network operation.
- Frequency and number management.
- Access and interconnection.
- Competition.
- Provision of services.
- Security and integrity of public networks and services.
- Protection of privacy and personal data.
- Provision of subsidies in the electronic communications sector.
- Supervision by the Office.
- Sanctions.
Slovenia
Current status
Fully adopted 28 September 2022. Implementation date yet to be determined.
Legislation
Official Gazette – https://www.uradni-list.si/_pdf/2022/Ur/u2022130.pdf
Notes
The Agency for Communication Networks and Services of Slovenia (AKOS) informed that the National Assembly adopted the new Electronic Communications Act (ZEKom-2) on 28 September 2022, which transposes EU Directive 2018/1972 on the European Electronic Communications Code into the Slovenian legal system.
After the publication of the law in the Official Gazette of the Republic of Slovenia, the agency will immediately proceed to the preparation of general acts within its competence.
Since the cooperation of all stakeholders is essential for the preparation of high-quality general acts, and considering the complexity of their content, it is expected for the agency to announce predictable timelines for stakeholders to participate in the process.
Background:
Earlier in 2022, the National Assembly decided that the proposal for a new law on electronic communications, the aim of which would be to strengthen the security of public communications networks and services, was not suitable for further consideration.
Andrej Rajh (SAB) was mainly opposed to the fact that the law interferes with the competences of the Agency for Communication Networks and Services of the Republic of Slovenia. Bojana Muršič (SD) also reminded of the agency’s warnings that the bill radically interferes with its competencies and operation.
On July 1, 2022 the National Assembly decided to put the Electronic Communications Act forward for further consideration. This time the approach of preparation is also supported by the Agency for Communication Networks and Services.
The draft proposal promotes connectivity and the use of high-performance networks throughout Slovenia, and at the same time makes it easier for consumers to change service providers, as the exchange may not incur any direct costs. The bill further provides affordable broadband Internet access that will enable the use of a wide range of services for all consumers, regardless of their location and income.
The bill envisages the establishment of a public notification and alarm system, so that by sending warnings to users on their mobile phones in the event of a natural disaster or other emergency, their lives and property will be more effectively protected. Operators will be provided with greater regulatory predictability and, as a result, greater security for their investments, as the draft law foresees that licenses for the use of radio frequency spectrum for wireless broadband networks will be issued for a longer period, namely for 20 years, which encourages larger investments, especially in 5G connectivity.
The draft law will strengthen the security of communication networks and services, which is particularly important due to the increased risks brought by 5G technology and increasingly tough international conditions.
On 23 September 2021, the European Commission launched infringement proceedings against Slovenia.
On 6 April 2022, the European Commission referred Slovenia to the Court of Justice of the European Union over failure to fully transpose and communicate to the Commission how national measures transpose the EU Electronic Communications Code.
Spain
Current status
Implemented as of 28 June 2022.
Legislation
Act 11/2022, of 28 June 2022, on General Telecommunications – https://www.boe.es/diario_boe/txt.php?id=BOE-A-2022-10757
Notes
The Spanish Congress of Deputies has published Act 11/2022, of June 28, 2022, on General Telecommunications (hereinafter, the “Act”), which replaces Act 9/2014 until now in force. The new Act, which transposes the EU Electronic Communications Code, introduces new developments of interest to the Telecommunications sector, including a new classification of electronic communications services, the creation of a single point for information and processing of permits for the deployment of networks, the strengthening of users’ rights, as well as the optimization of the processing of the general operators’ fee.
The Act’s main objective is to promote investment in very high-capacity networks. Important changes are introduced in the public radioelectric domain, incorporating measures to facilitate the shared use of the radioelectric spectrum by operators and avoiding undue restrictions on the implementation of wireless access points for small areas. The Act also incorporates advances in the protection of the rights of end-users of telecommunications services, reinforcing, for example, transparency obligations and regulating packaged contracts.
Lastly, it is worth mentioning that article 51 provides that when urbanization projects are undertaken, the technical urbanization project must be accompanied by a specific telecommunications project that must provide for the installation of civil works infrastructure to facilitate the installation and operation of public electronic communications networks, and may additionally include passive network elements and equipment under the terms determined by the technical telecommunications regulations issued in development of this article.
Sweden
Current status
Implemented as of 3 June 2022.
Legislation
Act (2022:482) on electronic communication – https://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/lag-2022482-om-elektronisk-kommunikation_sfs-2022-482
Ordinance (2022:511) on electronic communications – https://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/forordning-2022511-om-elektronisk-kommunikation_sfs-2022-511
Notes
On 3 June 2022, the New Electronic Communications Act (the “New ECA”) entered into force in Sweden. The New ECA replaces the former Electronic Communications Act and is intended to transpose the Directive 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code.
The New ECA introduces, inter alia, new and detailed rules regarding the information that shall be provided to end-users before entering into an agreement. Further, the Post- and Telecom Authority is provided with the power to impose penalty fees for certain types of violations. The penalty fee shall be set at a minimum of SEK 5.000 and a maximum of SEK 10 million.
Many of the provisions in the New ECA correspond to those of the former Electronic Communications Act. However, the following amendments are worth noting in particular:
- Number-independent interpersonal communications services, such as email and messaging services, are covered by the New ECA. Hence, providers of number-independent interpersonal communications services now have to follow certain obligations.
- An obligation for providers of publicly available electronic communications services to provide a contract summary before entering into an agreement with a consumer is introduced in the New ECA. Further, the Post- and Telecom Authority (the “PTA”) has issued regulations regarding information to be provided prior to entering into an agreement, which includes provisions regarding the contract summary. The information requirements (including the obligation to provide a contract summary) before entering into an agreement is also applicable on agreements entered into with microenterprises, small enterprises, and not-for-profit organisations, unless they explicitly waive this right.
- Obligations regarding bundles, i.e., an internet access service or a publicly available number-based interpersonal communications service sold by the same provider together with another service/services or terminal equipment under the same or a closely related or linked contract, are introduced in the New ECA. Certain obligations regarding, inter alia, information requirements and the length of the commitment period applies to all elements of a bundle.
- The PTA is provided with the power to impose penalty fees for certain types of violations. The penalty fee shall be set at a minimum of SEK 5,000 and a maximum of SEK 10 million. A violation of, inter alia, the obligation to provide a contract summary and the requirements regarding commitment period and contract termination shall result in the issuing of a penalty fee.
The New ECA does not entail any material changes as regards the notification regime. Pursuant to Section 5 of the Act on the Introduction of the Electronic Communications Act, operations that have already been notified prior to the entry of force of the New ECA on 3 June 2022 will be deemed to have been notified in accordance with Chapter 2, Section 1 of the New ECA.
Further, a new Electronic Communications Ordinance and a number of new regulations from the Post- and Telecom Authority entered into force on 3 June 2022.
United Kingdom (Not an EU member State)
Current status
Partially implemented excepting certain end-user rights requirements.
Legislation
Legislation adopted to implement the EECC – https://www.legislation.gov.uk/uksi/2020/1419/contents/made
Mobile providers banned from selling locked mobile devices – https://www.ofcom.org.uk/news-centre/2021/mobile-companies-now-banned-from-selling-locked-handsets#:~:text=Mobile%20phone%20companies%20are%20now,networks%2C%20unless%20they%20are%20unlocked.
Extended rules on accessibility for disabled customers – https://www.ofcom.org.uk/phones-telecoms-and-internet/advice-for-consumers/accessibility/services-for-disabled-people
New rules for bundles including other services or equipment sold with a communication service – https://www.ofcom.org.uk/phones-telecoms-and-internet/advice-for-consumers/costs-and-billing/in-or-out
In addition to this statutory instrument, Ofcom’s General Conditions (GCs) also had to be taken into account, as the more granular requirements outlined in the EECC are enforced through these conditions.
Notes
Certain areas are yet to come into force and will do so over the course of 2023:
- Improved switching processes for landline, broadband and mobile – April 2023.
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