On Friday president Andrzej Duda signed the Law on Electronic Communications (PKE), which introduces crucial changes in regulations concerning the telecommunications and electronic communications market. The Act, passed on 12 July 2024, aims to bring Polish law into line with the EU Directive establishing a European Electronic Communications Code (ECM). The fresh rules replace the existing Telecommunications Law, which has been in force for 20 years, and introduce comprehensive regulations covering the full electronic communications sector.
Scope of the fresh Rules
The fresh KE law not only regulates the provision of telecommunications services, but besides covers a wide scope of electronic communications issues. The provisions concern, inter alia:
- Provision of publically available telecommunications services and public telecommunications networks.
- Rights and obligations of e-communication operators.
- Tasks and responsibilities related to defence, state safety and public policy.
- Frequency and numbering resources management.
- Access to telecommunications networks and regulation of the electronic communications market.
The KE Act besides specifically regulates issues related to access to multiplexes, the usage of radio equipment, the operation of universal service, the rights of end users and the procedure of appointing a designated entrepreneur.
New regulations – key changes
One of the key elements of the KE Act is to specify that allowing the usage of a public telecommunications network via a local radio network is not a telecommunications activity if it is an activity additional to the main activity of the entity. Another crucial change is the modification of the scope of the papers which must be included in the contract for the provision of electronic communications services with the end user.
It is besides worth noting the fresh anticipation for the president of the Office of Electronic Communications (President of the UKE) to issue area decisions, which comprehensively regulate access issues. In addition, end-users will gain access to an independent benchmarking tool for offering electronic communications services, which will increase marketplace transparency and facilitate the selection of the most favourable offers.
Benefits for consumers
The drafters of the KE Act stress that the fresh rules will bring many benefits to consumers. First of all, through the introduction of fresh regulations, consumers will be able to compare services more easy and choose those that best match their needs. In addition, the fresh government aims to better defend consumers from unfair seller practices.
The fresh law besides introduces the anticipation to reimburse prepaid users after the end of their usage of services, which is simply a crucial change in favour of consumers. In addition, the Advanced Mobile Location (AML) service will be introduced as part of the safety improvement, which will let precise location of callers on emergency numbers.
Another fresh feature is the introduction of common chargers into many devices, which will reduce the amount of electro-waste and let consumers to save money. The fresh rules besides specify the functioning of emergency hotlines numbers, specified as 116111, which will be the telephone of trust for children, and 116123, which will be the number of emotional support.
Increased Protection and fresh Obligations for Entrepreneurs
The KE Act imposes a number of fresh obligations on businesses providing electronic communications services to end users. They relate primarily to the content and language of contracts, information obligations, the handling of complaints, the secrecy of electronic communication and the protection of individual data.
The fresh regulations aim to increase the level of consumer protection and to guarantee that entrepreneurs operate in accordance with the highest standards.
Entry into force of fresh Regulations
Most of the provisions of the PKE Act will enter into force 3 months after its publication in the authoritative Journal. This means that entrepreneurs and consumers have time to adapt to fresh regulations, which will shortly apply.
Summary
The Electronic Communications Law introduces wide changes in the telecoms and electronic communications sector, which aim to better defend consumers and improve the functioning of the market. With fresh regulations, consumers will be able to compare their offers more easily, recover funds from prepaid services and benefit from better protection of their individual data and privacy. The fresh rules besides aim to increase safety and reduce the amount of electro-waste. The entry into force of these changes will surely have a affirmative impact on the full electronic communications sector in Poland.
Continued here:
Duda signed the Law on Electronic Communications
