Introduction to End User Protection
What is End User Protection and why does it matter?
Effective consumer protection is essential for European Union (EU) consumers to enable them to actively participate in the digital market. The introduction of harmonisation in the rights and obligations of End Users and operators is a major step forward, and ensures the promotion of the interests of the Union (provided for in Article 3(2) of Directive (EU) 2018/1972 of the European Parliament and of the Council establishing the European Electronic Communications Code – the EECC).
Legitimate interests ensure that End Users and providers engaging in electronic communications activities in more than one Member State (MS) know what they can expect when using (or providing) services, even if they are not in their MS. This contributes to greater security and trust in electronic communications.
Transparency and clear information are the basis for good user experience. Therefore, introducing the requirement for a contract summary is a great step forward in simplifying the contractual terms. The price is not the only condition for the End User to choose the operator, and updated information on the Quality of Service (QoS) and benefits to the retail market are required. Therefore, changes related to more simplified procedures, changing providers or porting numbers play significant role in boosting competition and in empowering End Users.
In a rapidly developing digital society, it is very important for users to have adequate service quality to use the benefits of Machine-to-Machine and the Internet of Things services. Moreover, adequate conditions for digital transformation in the future must be ensured. This requires cooperation across several areas, not just in the electronic communication sector. In addition, with the introduction of certain innovations and new technologies, it will be necessary to provide adequate education for End Users faced with new technologies and opportunities.
This all means that the National Regulatory Authorities (NRA) or Other Competent Authorities dealing with consumer protection have a set of complex tasks ahead: first of all, to understand the behaviour of End Users and to determine their expectations and opportunities when using services, secondly to determine the areas where problems may arise which may deprive End Users of the QoS they seek, in terms of price/quality ratio, and finally to trigger the necessary regulatory action that will contribute to safety and cost control while using the services.
To achieve these goals, the End Users' role is crucial, given that a certain level of responsibility and knowledge is expected from them when signing a contract with an operator. On the other hand, a certain responsibility is expected from the operators who provide the services themselves. They need the ability to understand their End Users and thus to provide all the important information to achieve the satisfaction of their users and, consequently, a positive business image. Of course, for the circle of protection to be complete, it is necessary to ensure preconditions beforehand, i.e. to implement a system of effective and clear measures for the safe and transparent use of services and thereby effectively reduce possible negative consequences.
General consumer protection priorities are established in horizontal EU legislation. For example, the European Commission (EC) adopted the New Consumer Agenda in 2020 with the following five priorities:
- The green transition;
- The digital transformation;
- Redress and enforcement of consumer rights;
- Specific needs of certain consumer groups; and
- International cooperation.
There are general regulations on consumer protection that apply in the electronic communications sector, and EU law has also introduced specific consumer protection measures to ensure full consumer protection in the field.
The main legislation – the EECC – is aimed at ensuring the provision of good quality and affordable publicly available services through effective competition and choice and stipulates what happens when End Users' needs are not met. Similarly, the objectives of the Body of European Regulators for Electronic Communications (BEREC) activities, based on the BEREC Strategy 2021-2025 among others, are aimed at empowering End Users.
Empowering End Users is guaranteed by ensuring that there are adequate tools for End User to make deliberate choices. Therefore, keeping the focus on the various aspects of transparency for the End User must be maintained. Connectivity is key to social inclusion. Our society is becoming more and more dependent on Electronic Communications Networks (ECN) and Electronic Communications Services (ECS). This requires a safety net in the form of a universal service, as the possible solution for ensuring equal social and economic participation in society within light of national conditions and a minimum bandwidth accessible by the majority.
Title III of Part III of the EECC focuses on End User rights. The EECC introduces the principle of full harmonisation for national End User protection provisions in the electronic communications sector (Article 101(1) of the EECC). This approach follows the one adopted in Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.
Full harmonisation of End Users’ rights covers the following issues:
- Transparency measures (with a few exceptions) as well as simplicity of contractual terms;
- QoS of ECS;
- Switching providers and number portability;
- Rules for terminating contracts;
- Introducing rules for bundles;
- Access to emergency services.
Universal service and its scope will also impact End Users' rights. Therefore, there must be consistent application of the universal service and the monitoring of this is a priority for BEREC.
Although accessibility legislation is regulated by Directive (EU) 2016/2102 of the European Parliament and of the Council on the accessibility of the websites and mobile applications of public sector bodies – the Web Accessibility Directive – and Directive (EU) 2019/882 of the European Parliament and of the Council on the accessibility requirements for products and services – the European Accessibility Act – the focus is undertaken by BEREC and the EECC provisions.
Why is BEREC involved in End User protection?
According to Regulation (EU) 2018/1971 of the European Parliament and of the Council establishing the Body of European Regulators for Electronic Communications (BEREC) and the Agency for Support for BEREC (BEREC Office) – the BEREC Regulation – BEREC contributes to the development and better functioning of the internal market for ECNs and ECSs, mainly by:
- assisting EU institutions providing technical expertise in electronic communications;
- publishing guidelines, delivering opinions, recommendations, common positions, best practices and methodologies;
- at the same time, the NRAs and the EC must take full note of any opinion, recommendation, guidelines, advice or regulatory best practice adopted by BEREC.
BEREC, as stated in its Work Programmes, is aligned with the priorities of the EC for the strategic legislative cycle as well as with the vision, targets, and paths of Europe's digital transformation by 2030, as set out in the Digital Compass and the Policy Programme and Path to the Digital Decade. It is also reflected in the EECC, which contains a number of specific measures relating to promoting competition, the internal market, and End User interests.
In terms of End User protection, the empowered End User is the focus of both the regulatory framework and BEREC.
In relation to End Users, BEREC organises workshops and collaborates with the EC and stakeholders to reach a high level of consumer protection in electronic communications, it publishes opinions, reports, and guidelines, and provides other kinds of support on End User issues.