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Consumer aspects of the proposed Single Market Regulation

Consumer aspects of the proposed Single Market Regulation. Peter Eberl DG CONNECT Unit B-2 (Regulatory Coordination & Users) Brussels, 18 September 2013. End users. Consumers and business customers, differentiation where appropriate

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Consumer aspects of the proposed Single Market Regulation

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  1. Consumer aspects of the proposed Single Market Regulation Peter Eberl DG CONNECT Unit B-2 (Regulatory Coordination & Users) Brussels, 18 September 2013

  2. End users • Consumers and business customers, differentiation where appropriate • Full harmonisation of end-users' rights (contracts, transparency etc.) • Non-discrimination between domestic and intra-EU services • Facilitated change of provider: harmonised rules for switching and number portability • Net neutrality • Roaming

  3. Pre-contractual information • Information to be provided before conclusion of contract: clear, comprehensible, in user's language • Integral part of the contract and cannot be altered without express agreement of contracting parties • Information on actually available speed and other relevant quality parameters for internet access • Information on data volume caps, if any • Significant and non-temporary discrepancies are deemed to be non-conformity of performance => remedies under national law

  4. Transparency, comparison tools, consumption control • Transparency: focus on essential information • Comparison tools: by certified providers • If market does not deliver: NRA or other authority • On-going data consumption control (in case of caps) • "Bill shock" facility: financial limit set by user; provider has to inform user when 80% consumed • Option for itemised bills, free of charge

  5. Contract termination • Irrespective of contract duration termination possible after 6 months with 1-month notice: no compensation except for residual value of subsidised equipment or other promotions • No automatic roll-over: if contract foresees tacit extension, provider has to inform user explicitly and in due time; if user does not oppose to extension, user can terminate at any moment with 1-month notice • Termination and switching rules apply to all elements of bundles comprising at least one electronic communications service

  6. Switching and number portability • Gaining provider to lead switching and number porting process • Automatic termination of "old" contract; refunding of pre-paid credits • Number porting and activation within one day • No switching against the user's will • Providers delaying or abusing the switching process are obliged to compensate users • E-mail forwarding facility • Global process may be set by national authorities

  7. Net Neutrality • Open internet access • Volume and speed-based contracts possible • Harmonised rules for reasonable traffic management: ban on blocking and throttling of specific content, applications and services, except for a limited number of justified derogations • Specialised services with enhanced quality (IP-TV, business services, eHealth): possible as long as they do not impair general quality of best effort internet => important role for national regulators

  8. Many thanks for your attention!

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