Abstract

The article presents selected major examples of provisions of the draft Electronic Communications Law which introduce additional – as compared with the European Electronic Communications Code Directive – requirements for operators in the electronic communications market, in particular in the field of telecommunications, and in certain cases other providers of electronic communications services, including those which are number independent. In particular, in the area of contracts with service users, it proposes that all elements of a contract for the provision of electronic communications services should be obligatorily included in a single document, and also greater than in the EECC limitation of the amount of compensation for premature termination of such contract. Given the present structure of business models used by the majority of telecommunications operators with respect to contracts with service users those changes will be very hard to be implemented. Moreover, the Draft introduces an obligation, not provided for in the EECC, to get a prior consent of the customer for launching the service of additional debiting the account, which may negatively reflect on this model of payment for services. Other consequences of the Draft concern marketing contact, which may be restricted also in the case of institutional (not only individual) clients, as well as the rules for processing personal contact data of service users.