POLICIES :: eCommunications :: Consumer rights and benefits

Consumer rights and benefits

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Consumer rights are based around three principle directives plus additional decisions and regulations (such as the Roaming Regulation)
Directive (2002/21/EC) on a common regulatory framework as amended by Directive 2009/140/EC ("Better Regulation Directive") (unofficially consolidated version)
Directive (2002/22/EC) on universal service and users' rights relating to electronic communications networks and services as amended by Directive 2009/136/EC ("Citizens' Rights Directive") (unofficially consolidated version)
Directive (2002/58/EC) on privacy and electronic communications as amended by Directive 2009/136/EC ("Citizens' Rights Directive") (unofficially consolidated version)

Protecting and enhancing the rights of telecommunications consumers is at the heart of European actions in the sector. Policy in this area includes, among other things, the right of access to services and their fair pricing, as well as ensuring the protection and privacy of personal information and identity.

Promoting consumers' rights, their prosperity and well-being are core values for the European Union and this is reflected in its laws and regulations. EU action in this area brings added value for consumers, by ensuring their rights are protected throughout the Union. In the field of consumer protection, the development of the internal market in goods and services has led the EU to adopt legislation to protect consumers, and this is fully applicable to telecoms services. In particular, relevant provisions are included in the Misleading Advertising Directive, the Distance Selling Directive, the Unfair Commercial Practices Directive and the Regulation on co-operation in consumer protection.

The EU regulatory framework for electronic communications is made up of a series of legal texts and associated measures which apply throughout the 27 EU Member States. The goals of the framework are to encourage competition in electronic communications markets; improve the functioning of the internal market and guarantee basic user interests that would not necessarily be guaranteed by market forces. Competition alone could not satisfy all citizens’ needs, nor protect their rights. Safeguards are therefore necessary to ensure suitable protection of consumers, to ensure that privacy is protected and that citizens can access all essential telecoms services independently of where they are, or of their social or economic position.

The rules of the framework are designed to be simple – and moreover aimed at deregulation in the longer term – technology-neutral and sufficiently flexible to deal with fast-changing market environments.

The regulatory framework's overall goal is for European consumers to benefit from increased choice of low prices, quality and innovative services as a result of good progress in the implementation of these rules.

Competition and choice with certainty and confidence

The EU regulatory framework ensures that telecoms consumers can expect:

Provision of universal service that ensures reasonable quality of service at affordable prices regardless of geographical location. This must include the possibility to access the emergency services in necessity, and also enable people with disabilities or specific needs to access telecoms services.
To receive a written contract including specific details, in particular on tariffs and costs, with the possibility to break the contract if the supplier changes the terms. In addition, the maximum initial duration of a contract signed by a customer with an operator shall be no longer than 24 months. Operators must also offer consumers the possibility of agreeing to a contract with a maximum duration of 12 months.
To receive information ensuring they understand what services they subscribe to and, in particular, what they can or cannot do with those communications services. Consumer contracts must specify, among other things, information on the minimum service quality levels, as well as on compensation and refunds if these levels are not met.
Telecommunication service providers and operators to ensure that their networks and services are as secure as possible.
High standards of data protection for personal data stored or transmitted over the telecommunication network.
Procedures to protect user identity, if required
Portability of subscribers numbers (within geographical limits) when requested
Fair pricing for mobile phone calls wherever they are in Europe, giving citizens the freedom to roam.

The outcome is a developing internal market in Europe, in which consumers are able to access high quality telecoms services, no matter where they are, thereby contributing to improved quality of life throughout society.