The Polish Ministry of Digitalisation published a draft Electronic Communications Law (the "Law"), which will regulate the telecommunications (electronic communications) sector in Poland. The Law implements Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018, establishing the European Electronic Communications Code.
The Law aims to regulate (i) activities consisting in the provision of electronic communication services, (ii) the conditions for managing frequencies and numbering resources, (iii) access to telecommunications networks, (iv) rules for the processing of telecommunications data, (v) protection of the confidentiality of electronic communication, (vi) the rights and obligations of users, and many others. Thanks to the Law, issues related to over-the-top services (number-free interpersonal communication) or transmission used for the provision of machine-to-machine communication services or direct billing (additional debiting service) will be regulated for the first time in Poland. Another novelty introduced by the Law is that the scope of documents making up the contract for the provision of electronic communication services must now include pre-contractual information and concise information summarising the terms of the contract. Generally, the Law will serve as a comprehensive set of provisions and rules governing the entire telecommunications sector in Poland.
The Law was submitted for public consultation at the end of July 2020 and as of 24 August 2020 is still under discussion. The Law is supposed to enter into force by the end of 2020.
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