The AGCOM strengthen the protections provided to users of electronic communications services, by adopting measures aimed to increase awareness and freedom in choosing their operator, but also by limiting the risk of unwanted activations. Moreover, specific disclosure and transparency obligations have been provided for, particularly in case of distance or off- premises contracts.
The Italian Communication Authority (“AGCOM”) has strengthened the protections provided to users of electronic communications services.
The new “Rules on the protection of users in respect of contracts for the provision of electronic communication services” (Annex A to Decision n. 519/15/CONS – the “Regulation”) provide for new measures to ensure the right of users to choose freely and knowingly their operator and aim to limit the risk of unwanted activations or otherwise based on incomplete or misleading information. Specific disclosure and transparency obligations have also been envisaged, particularly in case of distance or off-premises contracts.
The new Regulation aims to meet the urgent need for greater clarity in regards of the frequent contractual amendments made unilaterally by some operators: the communication of any change to the existing terms and conditions must henceforth be transparent, efficient and according to a standard form set out by the Authority (Annex 1 to the Regulation). As to the duration of the agreement, the minimum initial obligation shall not exceed, for consumers, a period of 24 months.
During the same meeting, the AGCOM also approved the “Guidelines for the conclusion of contracts over telephone for the provision of electronic communications services” (Decision n. 520/15/CONS, Italian language only).