This Guidance is issued by ComReg in light of the new European Electronic Communications Code (the Code) which will, once transposed into Irish law, have a significant impact on the electronic communications framework in Ireland and the scope of regulated electronic communications services.
The Guidance is intended to give providers of ECS to the Irish market (ECS providers) an overview of the key retail aspects and end-user rights that will be applicable under the Code. ECS providers will need to ensure inter alia that their contractual terms and conditions comply with the Code and that they provide certain minimum contractual information to consumers (and where relevant, microenterprises, small enterprises and not-for-profit organisations) prior to entering into contracts.
The main objectives of this Guidance are to:
- Highlight some of the most important provisions from the perspective of electronic communications retail services, such as the key end-user rights provisions.
- Assist ECS providers to understand their regulatory obligations under the Code regarding ECS contracts, and more generally, to give practical guidance on the minimum information requirements for ECS contracts and how that information might be provided.
- Highlight that the Code extends certain rights afforded to consumers of ECS to microenterprises, small enterprises and not-for-profit organisations, unless they have explicitly agreed to waive those rights.
- Increase awareness of the requirements for ECS contracts to contribute to a more open, transparent and competitive market.
The Guidance document “Regulatory Guidance on Title III: End-User Rights of the European Electronic Communication Code” can be found in the publications section.
