PURPOSE: to
reform Community rules in the telecommunications sector with a view to
ensuring a high level of consumer protection and of users’ rights, in
particular the right to personal privacy and data protection in the
electronic communications field.
PROPOSED ACT:
Directive of the European Parliament and of the Council.
CONTEXT: in
June 2006, the Commission presented a report to the European Parliament and
the Council on the functioning of the regulatory framework for electronic
communications networks and services. The report noted that the framework had
yielded considerable benefits for citizens, consumers, and businesses in
terms of better choice, lower prices and more innovation, but there was room
for improvement in the field of consumer protection and security to ensure
that it kept pace with technological developments
and remained effective for the coming decade.
In order to
ensure the safeguarding of universal service and users’ rights, as well as
the protection of personal data, the Community rules need to be adapted with
the dual aim of:
- Strengthening
and improving consumer protection and user rights in the electronic
communication sector, through — amongst other aspects —giving consumers
more information about prices and supply conditions, and facilitating
access to and use of e-communications, including emergency services, for
disabled users; and
- Enhancing
the protection of individuals’ privacy and personal data in the
electronic communications sector, in particular through strengthened
security-related provisions and improved enforcement mechanisms.
This proposal
deals with the changes to be made to the Universal Service (2002/22/EC) and
the Directive on privacy and electronic communications (2002/58/EC). It is
one of a package of reforms that also includes:
- a proposal
to amend the Framework Directive (2002/21/EC) and the Authorisation
(2002/19/EC) and Access (2002/20/EC) Directives (see COD/2007/0247)
and
- a proposal
for a Regulation creating a new European Electronic Communications
Market Authority (see COD/2007/0249).
CONTENT:
The proposed
directive adapts the regulatory framework by
strengthening certain consumers’ and users’ rights (in particular with a view
to improving accessibility and promoting an inclusive Information Society),
and ensuring that electronic communications are trustworthy, secure
and reliable and provide a high level of protection for individuals’ privacy
and personal data. The proposal does not alter the
current scope or concept of universal service in the EU, which will be
subject to a separate consultation in 2008.
The main amendments to the Universal Service Directive
are as follows:
- improving
the transparency and publication of information for end-users;
- facilitating
use of and access to e-communications for disabled users;
- facilitating
the switching of suppliers by consumers through, among other things;
strengthened provisions on number portability;
- improving
obligations related to emergency services;
- ensuring basic
connectivity and quality of service; and
- modernising
specific provisions of the Directive to bring them into line with technology
and market developments, including the deletion of a number of obsolete
or redundant provisions.
The main
amendments to the Directive on privacy and electronic communications
are as follows:
- introducing
mandatory notification of security breaches resulting in users’ personal
data being lost or compromised;
- strengthening
implementation provisions related to network and information security to
be adopted in consultation with the Authority;
- strengthening
implementation and enforcement provisions to ensure that sufficient
measures are available at Member State level to combat spam;
- clarifying that
the Directive also applies to public communications networks supporting
data collection and identification devices (including contactless
devices such as Radio Frequency Identification Devices);
- modernising
certain provisions that have become outdated, including the deletion of some
obsolete or redundant provisions.